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Uttecht v. Brown
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Uttecht v. Brown : ウィキペディア英語版
Uttecht v. Brown

''Uttecht v. Brown'', , was a case dealing with jury selection in capital cases in which the Supreme Court of the United States held that appeals courts must defer to a trial judge’s decision on whether a potential juror would be able to overcome demur about capital punishment and be open to voting to impose a death sentence.
== Background and court history ==
Brown was convicted of carjacking a woman at knifepoint, holding her in a motel for 34 hours, raping, torturing and eventually murdering her, leaving her body in her car's trunk.〔"State Supreme Court delays Brown execution", Jennifer Sullivan, Seattle Times, 13 March 2009. Fetched from () on 13 March 2009.〕 He was sentenced to death in a Washington State Court. After his conviction was affirmed by state courts, Brown filed a petition for a writ of habeas corpus in federal district court, in which he argued in part that the state trial judge had improperly dismissed a juror without finding that the juror's views on capital punishment would impair his ability to follow the law. The district denied his petition and Brown appealed.
The 9th Circuit Court of Appeals reversed the lower court's ruling and upheld Brown's objections as valid finding that the judge's dismissal of the juror infringed upon clear Supreme Court precedent, and that said dismissal prejudiced the jury against the defendant, nullifying his death sentence.〔http://www.law.duke.edu/publiclaw/supremecourtonline/certgrants/2006/uttvbro〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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