Berghuis v. Smith (2009)
- Docket
- 08-1402
- Decided
- 2009-01-01
Summary
Question: Did the Sixth Circuit err in holding that the Michigan Supreme Court failed to apply clearly established U.S. Supreme Court precedent for evaluating whether the jury was comprised of a fair cross-section of the community? Conclusion: Yes. The Supreme Court held that the Sixth Circuit erred in ruling that the Michigan Supreme Court's decision "involved an unreasonable application of clearly established federal law." With Justice Ruth Bader Ginsburg writing for a unanimous Supreme Court, it reasoned that Duren v. Missouri did not establish that Mr. Smith was denied his Sixth Amendment right to an impartial jury. While the Duren defendant established an absolute disparity, comparative disparity, and standard deviation of underrepresentation of women, that case did not specify the method courts must use to measure underrepresentation. Here, Mr. Smith did not provide sufficient evidence to prove that the trial court's policies had any significant effect on the underrepresentation of African-American jurors in the area. Justice Clarence Thomas wrote separately, concurring. He challenged the Court to reconsider that the Sixth Amendment guarantees a defendant the right to a jury that represents "a fair cross section" of the community. Instead, he proposed that the right stems more from an "amalgamation of the Due Process Clause and the Equal Protection Clause."