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MOTION TO QUASH

A selection method resulting in the systematic exclusion of an identifiable group from representation upon the Grand or Petit Jury constitutes a denial of the indicted defendant’s Fifth Amendment right to “due process” and equal protection and, in the case of a “petit jury”, to his Sixth Amendment right to a jury comprised of a representative cross- section of the community.

 

See               Coleman v. Alabama, 389 US 22 (1967);

 

Jones v. Georgia, 389 US 24 (1967) (noting burden upon state to explain disparity);

 

Sims v. Georgia, 389 US 404 (1967) [selection method];

 

Castaneda v. Partida, 430 US 482 (1977).

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