SPLUNGE v. CLARK

No. 91-1499.

960 F.2d 705 (1992)

Charles B. SPLUNGE, Petitioner-Appellee, v. Dick CLARK and Indiana Attorney General, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 6, 1992.

Rehearing and Rehearing Denied May 5, 1992.


Attorney(s) appearing for the Case

Michael B. Nash, Chicago, Ill. (argued), for petitioner-appellee.

David A. Nowak, Dist. Atty. Gen. (argued), Thomas D. Quigley, Office of Atty. Gen., Indianapolis, Ind., for respondents-appellants Dick Clark and Atty. Gen. of Indiana.

Before CUMMINGS and EASTERBROOK, Circuit Judges, and FAIRCHILD, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied May 5, 1992.

CUMMINGS, Circuit Judge.

During jury selection in Vanderburgh County, Indiana, Superior Court, in petitioner Charles Splunge's trial for murder and robbery, the prosecutor used two of his peremptory challenges to exclude the only two black venire members from the petit jury. Splunge, who is also black, moved to discharge the jury before it was sworn on the basis that the prosecutor had purposefully excluded...

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