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REVERSE BATSON CHALLENGE DENIED

Several courts have held that a citizen accused of a race-motivated crime is not entitled to have all veniremen of the same race as the victim excluded for cause. Person v. Miller, 854 F.2d 656, 665 (4th Cir. 1988), cert. denied, 489 U.S. 1011 (1989); U. S. v.

Greer, 968 F.2d 433 (5th Cir. 1991). Further, at least one court has held that such a defendant may not insist that the prospective jurors of the same race as the victim be examined on the issue of racial and ethnic bias. U.S. v. Greer, 968 F.2d 433 (5th Cir. 1991). The same court held that the Jewish members of the venire may not be required to identify themselves. U.S. v. Greer, 968 F.2d 433 (5th Cir. 1991).

 

See               U.S. v. Watson, 483 F.3d 828 (D.C. Cir. 2007) (blind potential jurors can be excluded so long as a rational basis can be provided for their exclusion – prosecution’s use of visual materials is a rational basis);

 

U.S. v. Harris, 197 F.3d 870 (7th Cir 1999) (exclusion of potential juror because she had multiple sclerosis and required medication causing drowsiness was sufficient to pass rational basis muster).

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