A potential juror in a death penalty case cannot be stricken solely because she expressed opposition to capital punishment, but instead must be asked “follow-up questions” about her “willingness and ability to follow the law,” the 3rd U.S. Circuit Court of Appeals has ruled.

In its 25-page unpublished opinion in Stevens v. Horn, a unanimous three-judge panel concluded that Andre Stevens “was denied his constitutional right to a fair and impartial jury” because a Beaver County judge had removed a juror “on the sole basis of her statement that she opposed capital punishment.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]