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United States v. Branscome

United States Court of Appeals, Fourth Circuit
Jun 30, 1982
682 F.2d 484 (4th Cir. 1982)

Summary

holding that selection of volunteers to serve on a grand jury from a pool of prospective jurors who had been randomly selected violated JSSA

Summary of this case from U.S. v. Lujan

Opinion

Nos. 82-5006, 82-5007.

Argued June 9, 1982.

Decided June 30, 1982.

William G. Otis, Sp. Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Raymond A. Carpenter, Asst. U.S. Atty., Richmond, Va., on brief), for appellant.

William J. Murphy, Washington, D.C. (Vincent J. Fuller, Barry S. Simon, Williams Connolly, Washington, D.C., Anthony F. Troy, Mays, Valentine, Davenport Moore, Milton P. Miller, Elizabeth A. Flournoy, Richmond, Va., on brief), for appellee.

Appeal from the United States District Court for the Eastern District of Virginia.

Before WINTER, Chief Judge, HAYNSWORTH, Senior Circuit Judge, and RUSSELL, Circuit Judge.


The district court dismissed two indictments because the grand jury which returned them was organized in violation of the Jury Selection and Service Act of 1968, as amended, 28 U.S.C. § 1861-76. The violation consisted of asking for volunteers to serve on the grand jury from the pool of prospective jurors who had been randomly selected. Each prospective juror who volunteered was permitted to serve, and the full complement of the grand jury was thereafter filled by random selection. In each case, the government appeals, and we affirm.

There were at least five volunteer grand jurors and possibly six.

The district court assigned three reasons for its ruling, any one of which would support the result. First, the district court ruled that the practice of selecting volunteers diminishes the likelihood that a fair cross section of the community will be represented on a given grand jury. We do not accept the validity of this reason on the record before us. It represents a finding of fact, and there was no evidence that volunteer grand jurors represented or were likely to represent a disproportionate number of the identifiable segments of the community. It is, however, unnecessary to remand the case for the taking of evidence on this issue because we are in agreement with the district court that (1) selection of volunteers introduces a subjective criterion for grand jury service not authorized by the Act, and (2) the selection of volunteers results in a non-random selection process in violation of the Congressional intent that random selection be preserved throughout the entire selection process.

The reasons were articulated in No. 82-5006. In No. 82-5007, the district court, presided over by a different district judge, followed and relied on the opinion in No. 82-5006.

Except as noted, we affirm the judgment of the district court for the reasons assigned by it. United States v. Branscome, 529 F. Supp. 556 (E.D.Va. 1982).

AFFIRMED.


Summaries of

United States v. Branscome

United States Court of Appeals, Fourth Circuit
Jun 30, 1982
682 F.2d 484 (4th Cir. 1982)

holding that selection of volunteers to serve on a grand jury from a pool of prospective jurors who had been randomly selected violated JSSA

Summary of this case from U.S. v. Lujan

holding that use of volunteer jurors introduced an impermissible subjective element into jury selection

Summary of this case from U.S. v. Lujan

holding that use of volunteer jurors introduced an impermissible subjective element into jury selection

Summary of this case from U.S. v. Carmichael

holding that use of volunteer jurors introduced an impermissible subjective element into jury selection

Summary of this case from U.S. v. Clay

In Branscome, the Fourth Circuit confronted a challenge to jury selection based on the JSSA in which volunteers from a randomly selected juror pool were asked to serve on a grand jury.

Summary of this case from U.S. v. Clay

In United States v. Branscome, 682 F.2d 484, 485 (4th Cir. 1982), the court held that selection of volunteers to serve on a grand jury from a pool of prospective jurors who had been randomly selected violated the Jury Selection and Service Act, 28 U.S.C. § 1861-76.

Summary of this case from Apple Computer, Inc. v. Microsoft Corp.

In Branscome, the United States Court of Appeals for the Fourth Circuit addressed whether allowing volunteers to serve on a grand jury violates the random-selection requirement of the Jury Selection Act.

Summary of this case from Ford Motor Co. v. Duckett
Case details for

United States v. Branscome

Case Details

Full title:UNITED STATES OF AMERICA, APPELLANT v. HENRY S. BRANSCOME, APPELLEE…

Court:United States Court of Appeals, Fourth Circuit

Date published: Jun 30, 1982

Citations

682 F.2d 484 (4th Cir. 1982)

Citing Cases

U.S. v. Clay

Surely a district would be in substantial violation of the statute [JSSA] if it selected all its jurors by…

United States v. Nelson

Two circuits found substantial violations of the Act where volunteers from current or past jury pools were…