BERGHUIS v. SMITH

No. 08-1402.

130 S.Ct. 1382 (2010)

559 U.S. 314

Mary BERGHUIS, Warden, Petitioner, v. Diapolis SMITH.

Supreme Court of United States.

Decided March 30, 2010.


Attorney(s) appearing for the Case

B. Eric Restuccia, Solicitor General, Lansing, MI, for petitioner.

James Sterling Lawrence, Royal Oak, MI, for respondent.

Michael A. Cox, Attorney General, B. Eric Restuccia, Michigan Solicitor General, Counsel of Record, Lansing, MI, Joel D. McGormley, Division Chief, Appellate Division, State of Michigan, Timothy K. McMorrow, Special Assistant Attorney General, Appellate Chief, Kent County Prosecutor's Office, for petitioner.

James Sterling Lawrence, Royal Oak, MI, for respondent.


Justice GINSBURG delivered the opinion of the Court.

The Sixth Amendment secures to criminal defendants the right to be tried by an impartial jury drawn from sources reflecting a fair cross section of the community. See Taylor v. Louisiana, 419 U.S. 522, 95 S.Ct. 692, 42 L.Ed.2d 690 (1975). The question presented in this case is whether that right was accorded to respondent Diapolis Smith, an African-American convicted of second...

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