Tuesday, October 11, 2005

Gertner Jury Venire Order Overturned

On Friday, October 7, 2005, the First Circuit overturned Judge Nancy Gertner's order seeking to increase African American participation in the jury pool.

This is the second pre-trial order in this case to be overturned by the First Circuit. In a number of opinions starting in July 2004 and culminating in December 2004, Judge Gertner had ordered that capital case bifurcated between two juries: one for guilt determination and for a punishment determination. Judge Gertner

A third order, requiring certain prior unadjudicated crimes to be presented to a Grand Jury under the Sixth Amendment, Apprendi, and Blakely, has not been appealed.

Included amongst the appellate lawyers was the recently opened Charles Hamilton Houston Institute for Race and Justice and the Lawyers' Committee for Civil Rights under Law.

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