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US v. Gonzalez is more important than stated.... | 211 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Goes to the truthiness of Velvin R. Hogan. n/t
Authored by: Anonymous on Sunday, September 23 2012 @ 10:22 AM EDT
n/t

[ Reply to This | Parent | # ]

US v. Gonzalez is more important than stated....
Authored by: Anonymous on Sunday, September 23 2012 @ 07:40 PM EDT
What I read in US v. Gonzalez was that the court improperly did not allow a challenge for cause. (214 F.3d 1109, 1113)
On appeal, Gonzalez argues that the district court was obligated to excuse Camacho for cause under either an implied or express bias theory. In response, the government contends that neither implied nor express bias existed. It argues that Camacho should simply be considered as one of the many people who know someone who has used or sold drugs, and not someone who is subject to challenge for cause. We disagree.

In this case, Camacho disclosed the fact that her ex- husband, the father of her daughter, dealt and used cocaine — the same drug and conduct at issue here. Moreover, she described her former husband's drug dealing as one of the reasons for her relatively recent divorce and the break-up of her family. She admitted that the experience was painful. Asked three times whether she could put that experience aside and serve fairly and impartially, she never affirmatively stated that she could. Instead, she equivocated each time.

To me, that indicates that the defense attempted to challenge for cause, and the court declined the challenge. Of course, we won't know the exact facts of the voir dire in this case, or what Hogan said during it until the transcripts are released, but it would seem erroneous if he stated during the voir dire that he held patent(s), and Samsung attempted to challenge for cause based on that - he should have been excused.

[ Reply to This | Parent | # ]

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