CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, January 20, 2010

Argument Transcript from Fair Cross-Section Habeas Case

The transcript in Berghuis v. Smith is here. Here is the description of the issue from ScotusWiki, which also links to briefs and the opinion below:

Whether the Sixth Circuit erred in concluding that the Michigan Supreme Court failed to apply “clearly established Federal law” under 28 U.S.C. § 2254 when it rejected a state prisoner’s Sixth Amendment fair cross-section claim and whether the Sixth Circuit erred in applying the comparative-disparity test (for evaluating the difference between the numbers of African Americans in the community as compared to the venires).

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