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Juror Removal

By: Derek Hawkins//January 12, 2016//

Juror Removal

By: Derek Hawkins//January 12, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. J.B. Brown

Case No.: 14-3652

Officials: BAUER, FLAUM, and MANION, Circuit Judges.

Practice Area: Juror Removal

Removal of two jurors based on rational and sincere justification – court did not err.

“Even assuming arguendo that the government’s failure to ask Juror 74 follow-up questions did constitute evidence of pretext, Brown presented this exact same argument to the district court. Yet, the court credited the government’s race-neutral explanation over Brown’s argument. In particular, the court read Juror 74’s responses and found “that [the response] does not require any clarification.” And the court concluded that the government’s justification was sincere. Brown has not offered any reason for us to second guess the district court’s credibility finding on appeal. See Yarrington, 640 F.3d at 780. Thus, the district court did not clearly err.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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