Sunday, November 3, 2013

United States v. Salamone case brief

United States v. Salamone case brief summary
800 F.2d 1216 (1986)

CASE SYNOPSIS
Appellant sought review of a judgment of the United States District Court for the Middle District of Pennsylvania that convicted appellant of various firearms violations, alleging that he was deprived of his U.S. Constitutional Amendment VI rights.

CASE FACTS
Appellant was convicted of various firearms violations.

DISCUSSION
  • The court reversed appellant's convictions. 
  • The court held that appellant's U.S. Constitutional Amendment VI rights were violated. 
  • The court held that appellant was denied a fair cross-section of society in appellant's jury. 
  • The court held that the per se exclusion of potential jury members that had a connection with the Nation Rifle Association (NRA) was unconstitutional. 
  • The court held that the shared attitude of the NRA was insufficient to qualify it as a distinctive group in society for purposes of jury exclusion. 
  • The court held that the NRA members were not questioned by the trial court to determine their individual opinions or bias and ability to try appellant's case.

CONCLUSION

The court reversed appellant's firearms convictions because appellant was unconstitutionally denied a fair cross-section of society in the jury pool, as members of the Nation Rifle Association were summarily excluded.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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