3 - Voice For The Defense Online

Munsteman, "'MultipIe Lists for Juror Fotd v. Hollowell, 385 F. Supp. 1392
Sdctin," Law Enforcement Assfstance (D.C.N.D. Miss. 1974);
Administration, U.S.G. P.O., Washington, De La Gana v. Sate, 650 S.W. 2d 870
O.C. (;1978),
(Ca 4-San Antonio 1983).
Sperlch, "Methods for the Analysis of
Jury Panel Selections Testing for Discrim-
ination in a Series of Panels:' 6 Hastings
Const. L. a 787 (1979). No.
Zeigler Toung Adults as a Cognizable of T~~~ ij Inthe 104th
Group in Jury Selection:' 76 Mich L. I[ District Court
Rev. 1045 (1978). v. jl of
i Tavlor Countv
SOME RELEVANT CASES
NOT CITED IN ARTICLE
(5th Cir. 1971);
, Simmons v. US., 406 F.2d 456 (5th Cir.
19691
Beny v.'~ooper, 577 F.2d 322 (5th Cir.
1978);
Salary v. Wilson, 415 F.2d 467,472 (5th
Cir. 1969);
Pullurn v. Greene, 396 F.2d 251 (5th Cir.
1968'1:
US. v.%ms&urv, 408 F. Sum. -. 1130
@.C. Oregon i976);
ASSISTANT FEDERAL PUBLIC
DEFENDER for the Western Dis-
trict of Texas, positions in San
Antonio and El Paso. See 18 U.S.C.
83006A. Must be bilingual [in 8pan-
ish), and be licensed for at least one
year. Federal criminal trial exper-
ience preferred. Resume or Standard
Form 171 to Lucien B. Campbell,
Federal Public Defender, 727 E.
Durango Blvd., B.138, San Antonio,
Texas 78206.
Jane Doe as
Turner v. Fouche, 396 US. 346 (1970); DEFENDANT'S MOTION
Whitus v. Georaia. 385 U.S. 545 (1967): TO QUASH TIIE JURY PANEL
Washington v._l)avis, 426 US. 229,241
(1976);
TO THE HONORABLE JUDGE OF
Rose v. Miickell, 443 US. 545 (1979); SAID COURT:
GIasserv. US.. 315 US. 60 (1942'1: Now comes the Defendant, in the
above styled and numbered cause, by and
330 (1976);
through her attorney of record, and prior
Smith v. Texas, 31 1 U.S. 128 (1940); to the impanelling of any prospective jur-
Akins v. Texas, 325 U.S. 398 (1945); ors herein and before any interrogation of
Labat v. Bennett. 365 F. 2d 698 (5th Cir. those summoned for jury service, and PUS-
19653;
suant to Articles 33.02, 35.06 and 35.07
Broadway v. CWpepper, . - 439 F.2d 1253 of the Texas Code of Criminal Procedure,
and Article I, Sections 10, 15 and 19 of
the Texas Constitution, and the Sixth and
Fourteenth Amendments to the United
States Constitution, moves the Court to
quash the panel of prospectivejurors called
for this case for the following reasons:
44 L(OIC6 for the DefstselFebruary 1984
. ,
1
Defendant would show the Court that
whether by s ped venire or otherwise, all
prospective jurors in Taylor County are
selected from the voter registration roles.
Defendant would further show the Court
that there are statistics to show and dem-
onstrate fbt in Abilene and Taylor Coun-
ty approximately 63 percent of the eli@
ble white population registers to vote,
approximately 17 percent of the eligible
black population registers to vote. Defen-
dant would further show the Court that
Defendant is a member of the black pop-
ulation of Abiiene. As a result of low per-
centage of minorities which register to
vote in Abilene, and the exclusive use of
the voter registeration roles to seIect pro-
spective jurors, the effett of the Taylor
County procedure is to systematically ex-
clude a majority of the blacks and Mexi-
canAmericans who are eligible for jury
service from any consideration therefor.
WHEREFORE, Defendant prays that
the Court grant this Motion and quash
the panel of prospective jurors called for
this case, or, alternatively, prior to the
calling of same, enter its appropriate order
that, in this case, prospective jurors shall
be randomly selected from among all res-
idents of Taylor County who are eligible
for jury service, whether registered to
vote or not.
Respectfuny submitted,
STAN BROWN
P.O. Box3122
Abilene, Texas 79604
915-677-1851
Bar No.
Attorney for Defendant
VERIFICATION
Before me, the undersigned authority,
on this day personally appeared Jane Doe,
who after being duly sworn stated: "I am
the Defendant in the above styled num.
bered cause. I have rad the foregoing
MOTION and swear, to the best of my
howledge and belief, that the allegations
contained therein are true and correct.
JANE DOE
Subscribed and sworn to before me,
by the said Jane Doe, on this the
day o f , 1982, to certify which
witness my hand and seal of office.
Notary Public, in and for
Taylor County, Texas
CERTIFICATE OF SERVICE
On the 20th day of May, 1982, a true
and correct copy of the above and fore-
going was forwarded to opposing counsel
in a manner consistent with the require-
ments of law.
STAN BROWN