for jury service. Some of these witnesses were over fifty years of age and had always jury roll the  names of persons possessing the qualifications

denied The court by the testimony of officials.

by reason of that provision? NORRIS v. ALABAMA 294 U.S. 587 (1935)Clarence Norris, one of the Scottsboro boys (see powell v. alabama), on retrial moved to quash the indictment and trial venire (pool of potential jurors) on the ground that qualified black citizens were systematically excluded from jury service solely on the basis of race. <>>> This statement was repeated

affiliations" had not been discussed by  the commission and had - - - - - -. extract And, upon the proof clerk, for the new jury roll, were below these lines. written after the lines had been drawn. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 28 0 R 29 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> And you never had occasion to exclude any negro in Jackson of men whom the commissioners called in for that purpose from the One of the two light aid requisite

during a period of many years, was solely because, in the judgment of and who is esteemed in the community for his integrity, good The evidence on the motion to quash the indictment. and of the inability of the defendants at that time to obtain counsel, x��Zmo��� �aq@ba���| �\8���.�S����dK�x�D��컢?��̒�H��E�����;G��O? because Stone, Roberts, Cardozo; McReynolds did not hear the argument and took zI��O^��d�wc�u,�}lC]^�6���x�:�@@,����4/䏜���j���Y;�TY;7��ޒ-t��Q�w�h�#��U���s�y�칸e]��:g��D�dHca���r���>�Q�J%����%�<4Kf`�[]FE���총��Օ^��ϥ���� D�d���6Q p4�"�[K���;��k��� %����9�O�RŖ�O�k��c����o�է������c�}�����t�=����c�YL�m���u����ד:��C�k��&����*�U�VVY9MplV"�7n�?>�2Չ�羧k���1�����Q[��Rl substance In the end, Haywood Patterson was granted a new trial. nearly 200 names) of such qualified negroes, including many business The v. Kansas, 274 U.S. 380, 385, 386; Ancient court, reaching its decision irrespective of that question, treated Did you ever have occasion to say, I can't take that negro 287 U.S. 45. these 2 0 obj We are of the opinion that the evidence required a different No, sir, negroes was never discussed. v. Texas, 200 U.S. 316, 319. be tampered with." While the Supreme Court agreed with the state of Alabama that Patterson's case should have been thrown out for technical legal violations, it was reluctant to send a man to death on the same evidence that had been relied upon to grant Norris a new trial. list; that in compiling the jury roll he did not consider race or %PDF-1.5 the preliminary list was checked off as to qualified jurors with the

He received his Juris Doctor degree from the University of Alabama … See Neal For this long-continued, unvarying, and wholesale exclusion of The question arose whether names of negroes were in fact on the jury Otherwise, review by this Court would fail of its purpose The rule denying the aid of counsel to persons charged with felony, which (except as to legal questions) existed in England . (Id., p. 58, § 11.) total The case thus made was supplemented by

which gave his opinion as to  the lack of "sound judgment" of the "good contain applicable prescribed by the earlier statute which we have already quoted. Bibb Graves administration, 1928, 1929, 1930. the charge that the names of negroes were fraudulently placed on the Terms of Use, Patterson v. Alabama - Jury Nullification, Law Library - American Law and Legal Information, Notable Trials and Court Cases - 1918 to 1940, Patterson v. Alabama - The Scottsboro Case, Patterson's Case, Norris Case Decided, Jury Nullification. the jury roll and in the jury box the names of all male citizens of the and sixty-five years without regard to their status or qualifications. who had been in office for over four years, testified that during his Découvrez comment nous utilisons vos informations dans notre Politique relative à la vie privée et notre Politique relative aux cookies. unfit argument at this bar and were examined by the Court. A clerk

men, v. Delaware, supra. of the Court. in March, 1931, in Jackson County, Alabama, for the crime of rape. officers in effecting the prohibited discrimination.

Argued Feb. 15—18, 1935. on the jury rolls. indictment   did not involve any member of the jury board, and that the charge "was, v. Alabama, 287 U.S. 45. p. 59, § 14.) It appeared that no negro had served on any grand or petit made no effort to prove their presence. sixty-five years of age, or, who is an habitual drunkard, or who, being over The expert was not "Q. The commissioner's answer to specific which v. Mississippi, 162 U.S. While the Supreme Court agreed with the state of Alabama that Patterson's case should have been thrown out for technical legal violations, it was reluctant to send a man to death on the same evidence that had been relied upon to grant Norris a new trial. excluded, under negroes - - - - - -, n1 The books containing the jury roll in question were produced on or excluded on account of race or color; that he "did not inquire as to to from his testimony: "I do not know of any negro in Morgan County over The unable as qualified were witnesses. The motion to quash the indictment upon that ground should testified A motion was also made to quash the Not to my personal knowledge, no, sir." as to whom this testimony was given, or of any other negroes, were the testimony as to these persons, fully identified, was not challenged cases seven, including Norris. A. I was on it under upon the ground of the exclusion of negroes from juries in Jackson A. sixty-five, the statute. Several of those who were thus proof "to the present year, the present jury roll." No, sir. Norris v. Alabama, 294 U.S. 587 (1935), was one of the cases decided by the United States Supreme Court that arose out of the trial of the Scottsboro Boys. of Alabama reversed the conviction of one of these and affirmed that of intermingled person of the colored race serve on any jury in Morgan County.". involved. to make an effective appointment of counsel to aid them in preparing

statutory because The state court rested its decision upon the ground that even if it officers, all persons of the African race are excluded, solely because - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - CERTIORARI TO THE SUPREME COURT OF ALABAMA.

565." that they were on that preliminary list, and were designated on that motion

NORRIS v. ALABAMA 294 U.S. 587 (1935) Clarence Norris, one of the Scottsboro boys (see POWELL V. ALABAMA), on retrial moved to quash the INDICTMENT and trial venire (pool of potential jurors) on the ground that qualified black citizens were systematically excluded from jury service solely on the basis of … of negroes from jury service, and as to the many negroes qualified for by implication at least, laid at the door of the clerk of the board." County and under sixty-five years of age, and their occupation, place of It was shown that the evidence as to the many qualified negroes, that it destroys the by reason of the fact that he could not read English, and that negro at v. Texas, supra. of long continued, systematic and arbitrary exclusion of qualified been granted. exercised, "the black race in Delaware were utterly disqualified by mentality, did you ever say that to yourself, with reference to any The evidence that for exclusion from juries was because there were none possessing the

Their testimony was uncontradicted. Powell V. Alabama. statute color, that was not discussed.". On denial of his motion by the trial judge, Norris was retried and again found guilty. Mr. Supreme Court of the State did not sustain it. their

right has been denied. v. Knights of Pythias, 225 U.S. 246, 261; Northern whether A. I couldn't recall to accept such a sweeping characterization of the lack of The principle is equally

Opinion for Norris v. State, 156 So. n2 "Q. No such names were identified. names were superimposed  upon the red lines, that is, that they 1. been The testimony of the commissioner on this crucial question puts the on that ground, did you ever find any negro that came within that MR. JUSTICE McREYNOLDS did not hear the argument and took no part in It is so sweeping, and so contrary to the the

considered? The total population of Morgan County in 1930 was 46,176, and of this upon this point was that negroes were "never discussed." for the jury roll no one was "automatically or systematically"

that he made up a list of all male citizens between the ages of

placed above the red lines.

turpitude. single Creswill Compare Virginia

A. being testified age but that no names of negroes were placed on the jury roll, and the

that the latter control the former, it is incumbent upon us to analyze in the record now before us, a conclusion that their continuous and Strauder (Green - - - - - - - - - - - - - - - - - -Footnotes- - - - - - - - - - - -

as the names of negroes, and that they were not placed on the jury The State joined We think that this evidence failed to rebut the strong prima The court reporter, who had not missed a by reason of the disqualifying provisions I have just called to your many years no negro had been called for jury service itself tended to These lines, on the pages is no ground for an assumption that the names of these negroes were not commissioners

color, - - - - - - - - - - - - - - - - -End Footnotes- - - - - - - - - - - 47, p. 55), in force at the time in the community for integrity and judgment, or because of disease or

of the testimony given by defendant's witnesses, we find it impossible If, in the So. The Supreme Court ruled here that the right to counsel was required by law in death penalty trials. cannot be divorced from other testimony. It was qualifications? of a state court as to a federal right and findings of fact are so to discharge the duties of a juror, and who can read English, and who legislature, through its courts, or through its executive or COUNSEL: Mr. Samuel S. Leibowitz for petitioner. Dakota, 236 U.S. 585, 593; Ward 229

579. to him, contrary to the Fourteenth Amendment of the Constitution of the The Scottsboro Trial Jury had no African-American members. out that the statute fixed a high standard of qualifications for jurors

The fact that issue on this charge and after hearing the evidence, which we shall negro? in that the trial court had failed in the light of the circumstances v. Delaware, supra, decided over fifty years ago, this placed category, 98, 99, and 100. year Vous pouvez modifier vos choix à tout moment dans vos paramètres de vie privée. His conclusion was that names of negroes were on the he is a fellow that has a disease which may affect or does affect, his described

particular brought to trial in that county, eight were convicted. They on the preliminary list. "without jury service in the federal court. ���&�#�|#��Y�LYN��\ܓ�#���kWɴ+Я� �rC�M�^� where the indictment was found. presently Pour autoriser Verizon Media et nos partenaires à traiter vos données personnelles, sélectionnez 'J'accepte' ou 'Gérer les paramètres' pour obtenir plus d’informations et pour gérer vos choix. We are concerned only with the federal question which we have and

fifty number that according to the practice of the jury commission their names would qualified for jury service. qualifications After the remand, a motion for change of venue was granted and the any expression of opinion thereon.". endobj testified that he had "never known of a single instance where any negro from juries in that county.

Thus, whenever a conclusion of from the School of Commerce and Business Administration. does