Joel Hayden v. Maine
DueProcess HabeasCorpus CriminalProcedure
When a party moves to strike a prospective juror for cause due to a 'language barrier', what record must the court make to ensure the strike is not based on race, ethnicity or national origin?
QUESTIONS PRESENTED 1) "WHEN A PARTY MOVES TO STRIKE A PROSPECTIVE JUROR FOR CAUSE ~ BECAUSE OF A ‘LANGUAGE BARRIER' WHAT SORT OF RECORD MUST ; THE COURT MAKE IN ORDER TO ENSURE THAT A "LANGUAGE BARRIER' IS NOT A PROXY FOR A CONSTITUTIONALLY IMPERMISSIBLE STRIKE BASED ON RACE, ETHNICITY OR NATURAL ORIGIN"? 2) "DID THE MAINE SUPREME COURT VIOLATE DEFENDANT'S FOURTEENTH AMENDMENT RIGHTS BY REFUSING TO ENTERTAIN A DISCRETIONARY APPEAL OF THE TRIAL. COURT'S REFUSAL TO APPLY STEP THREE OF THE BATSON ANALYSIS, AFTER DEFENSE COUNSEL STRUCK .THE ONLY PROSPECTIVE JUROR OF COLOR BASED ON A "LANGUAGE BARRIER' WHEN THE DEFENDANT WAS HIMSELF A PERSON OF COLOR AND RACIAL “BIAS AGAINST AFRICAN AMERICANS WAS ALREADY EXPOSED AMONGST , THE PROSPECTIVE JURORS"? : 3) “ONCE A DEFENDANT HAS INDICATED A DESIRE TO ATTEND BENCH, SIDEBAR OR IN CHAMBERS CONFERENCES, DOES HIS ABSENCE FROM THOSE CONFERENCES THAT HE IS CONSTITUTIONALLY ENTITLED TO ATTEND INDICATE A VALID WAIVER OF HIS RIGHT TO BE PRESENT"? 4) "Is IT A VIOLATION OF A DEFENDANT'S UNITED STATES CONSTITUTIONAL RIGHT TO ATTEND A CONFERENCE IN CHAMBERS FOR THE TRIAL COURT TO ACCEPT AS A VALID WAIVER OF DEFENDANT'S _ ‘CONSTITUTIONAL RIGHT, DEFENSE. COUNSEL'S REPRESENTATION TO THE COURT THAT THE DEFENDANT DID NOT’ NEED TO ATTEND : WHITHOUT CONSULTING WITH THE DEFENDANT"? os ne i |