Moore et al.

Its holding, along with those of its companion cases of Virginia v. Rives (1880) and Ex parte Virginia (1880) established the proposition that it is a denial to criminal defendants of the equal protection of the law for a state to exclude persons from service on a grand or petit jury on account of race, color, or previous condition of servitude. For a case to be removed to federal court, the denial of rights must occur in the constitution or laws of the state, or in other pre-trial actions of state officials, that state courts are without power to remedy—that is, it held that the Civil Rights Act required removal be based on objectively discernible facts about the denial of rights (such as the exclusion of freedmen from the jury pool by Judge Coles in Ex parte Virginia, despite Virginia law allowing freedmen to serve as jurors, an act in violation of the Civil Rights Act of 1875), and not the defendant's subjective beliefs about potential outcomes of a state-administered trial. In the United States Constitution, juries are mentioned in Article Three and the Fifth, the Sixth, and the Seventh Amendments. United States v. Susan B. Anthony was the criminal trial of Susan B. Anthony in a U.S. federal court in 1873. While awaiting resentencing, Strauder and his counsel appealed to the Supreme Court of the United States. The case was set for argument in the October 1879 term, and oral arguments were heard over October 20–21, 1879 along with the companion cases of Virginia v. Rives and Ex parte Virginia . It reversed the district court's decision declining the petitioners' writ of habeas corpus. On Thursday, September 9, the court denied the state's motion to quash the writ, ordered custody of Strauder be transferred to the U.S. Glasser was the first Supreme Court decision to hold that the Assistance of Counsel Clause of the Sixth Amendment required the reversal of a criminal defendant's conviction if his lawyer's representation of him was limited by a conflict of interest. On Saturday, April 30, 1881, Judge Jackson ruled in favor of Strauder, quashing the 1874 indictment and discharging Strauder from federal custody. Any such examination violates the defendant's Fifth Amendment rights against self-incrimination as well as the Sixth Amendment right to counsel, and is therefore inadmissible at sentencing. A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Strauder fled the area and was arrested in Pittsburgh, Pennsylvania on April 25, 1872. On April 15, 1878, Chief Justice Morrison Waite granted a writ of error.

Feb 29, 1880 (see http://www.oxfordreference.com/view/10.1093/oi/authority.20110803100536518) I don't know how to edit the information box in the top right of the entry. In American procedural law, a continuance is the postponement of a hearing, trial, or other scheduled court proceeding at the request of either or both parties in the dispute, or by the judge sua sponte. The case then proceeded to trial over May 6–8, 1873; the jury returned a verdict of guilty after approximately 90 minutes of deliberations. The case gave rise to the term Batson challenge, an objection to a peremptory challenge based on the standard established by the Supreme Court's decision in this case. 246 U.S. 229 (1976). The Supreme Court has applied most of the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment. [5]. Strauder v. West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure. 2. Additionally, the Supreme Court did not exercise its power of judicial review to strike down West Virginia's juror qualifications statute as unconstitutional, as Strauder and his attorneys did not seek such a remedy. Start This article has been rated as Start-Class on the quality scale. Pages in category "1880 in United States case law" The following 4 pages are in this category, out of 4 total. The very idea of a jury is that it is a body of men composed of the peers or equals of the person whose rights it is selected or summoned to determine; that is, of persons having the same legal status in society as that which he holds. In just fourteen years, the Court heard 106 criminal cases, almost as many cases as the Supreme Court had heard in the period from its creation to the appointment of Waite as Chief Justice.
On November 5, the jury returned a verdict of guilty and a sentence of death. Oct 19 - 20, 1879.

Anticipating that the federal court would discharge Strauder, the Wheeling Chief of Police Henry Conant swore out in secret a new warrant for Strauder's arrest before Aquilla B. Caldwell of the First Judicial Circuit on April 7, 1881. A jury trial, or trial by jury, is a lawful proceeding in which a jury makes a decision or findings of fact. The clerk of the circuit court certified the case to the county court, which completed its preliminary examination on September 9, 1874 and remanded Strauder to the circuit court for trial.

The amendment not only gave citizenship and the privileges of citizenship to persons of color, but denied to any State the power to withhold from them the equal protection of the laws, and invested Congress with power, by appropriate legislation, to enforce its provisions. The court sentenced Strauder to death by hanging on July 8, 1873. Juries are not available in courts of American Samoa established pursuant to the Constitution of American Samoa. Moreover, section 16 of the 1870 act also provided that "all persons within the jurisdiction of the United States shall have the same right in every State and Territory in the United States... to the full and equal benefit of all laws and proceedings for the security of person and property as is enjoyed by white citizens[.]". During the tenure of Morrison Waite as Chief Justice of the Supreme Court of the United States, the Supreme Court heard an unprecedented volume and frequency of criminal cases. Since Strauder had timely made the request for the examination, the ruling of the circuit court denying the examination by the county court on grounds that the statute wasn't applicable to the case was reversed.

Infobox SCOTUS case Litigants=Strauder v. West Virginia ArgueDateA=October 20 ArgueDateB=21 ArgueYear=1879 DecideDate=March 1 DecideYear=1879 FullName=Strauder v. West Virginia USVol=100 USPage=303 Citation= Prior= Subsequent= Holding=Exclusion… [p304]. Marshal, and that a bail hearing for Strauder be scheduled. This case was a precedent for the Supreme Court's review of state criminal trials in terms of their compliance with the Bill of Rights.
664. 1. Category:1880 in West Virginia. STRAUDER v. WEST VIRGINIA.

Racial discrimination in jury selection has a long history in the United States. On May 20, 1872 the grand jury returned an indictment for murder in the first degree.

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