[Download] "People v. Payne" by Illinois Appellate Court — First District (3Rd Division) Reversed and Remanded # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Payne
• Author : Illinois Appellate Court — First District (3Rd Division) Reversed and Remanded
• Release Date : January 19, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Defendant, Stanley Payne, was found guilty by a jury and sentenced on three counts of aggravated battery and one count of armed violence. The jury was unable to reach a verdict as to other counts against him. Defendant, who is black, contends that, over his objections, the prosecutor systematically used peremptory challenges during the voir dire examination of the jurors to exclude blacks from the jury solely because they were blacks. 1 It is defendant's position that he was denied the type of fair trial guaranteed under the sixth amendment of the United States Constitution because the State affirmatively frustrated his right to a jury drawn from a fair cross section of the community. We reverse the convictions and remand the case for a new trial. We believe this case presents broader issues than those which surface from a mere factual recitation of what occurred. This case involves the proper roles of the State, the prosecuting attorney and the court itself in a criminal trial.

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