Test v. United States 8212 5993, No. 73

CourtUnited States Supreme Court
Writing for the CourtPER CURIAM
Citation420 U.S. 28,42 L.Ed.2d 786,95 S.Ct. 749
Decision Date27 January 1975
Docket NumberNo. 73
PartiesJohn E. TEST, Petitioner, v. UNITED STATES. —5993

420 U.S. 28
95 S.Ct. 749
42 L.Ed.2d 786
John E. TEST, Petitioner,

v.

UNITED STATES.

No. 73—5993.
Argued Dec. 11, 1974.
Decided Jan. 27, 1975.

Walter L. Gerash, Denver, Colo., for petitioner.

William L. Patton, Boston, Mass., for respondent.

PER CURIAM.

Petitioner was convicted under 21 U.S.C. § 841(a)(1) for distribution of a hallucinogenic drug commonly known as LSD. Prior to trial he filed a motion to dismiss his

Page 29

indictment claiming that the master lists1 from which his grand jury had been, and petit jury would be, selected systematically excluded disproportionate numbers of people with Spanish surnames, students, and balcks. These exclusions, petitioner alleged, violated both his Sixth Amendment right to an impartial jury and the provisions of the Jury Selection and Service Act of 1968, 28 U.S.C. § 1861 et seq. Attached to this motion was an affidavit by petitioner's counsel stating facts that had been disclosed by testimony at a jury challenge in another case, and which petitioner claimed supported his challenge. Also accompanying the motion was another motion requesting permission to inspect and copy the jury lists 'pertaining to the grand and petit juries in the instant indictment.' Petitioner asserted that inspection was necessary for discovering evidence to buttress his claims.

The District Court rejected the jury challenge and denied the motion to inspect the lists. Petitioner renewed his claims before the Court of Appeals for the Tenth Circuit but that court affirmed his conviction without discussing these issues. We granted certiorari to decide whether the Jury Selection and Service Act required that petitioner be permitted to inspect the jury lists. 417 U.S. 967, 95 S.Ct. 3170, 41 L.Ed.2d 1138.

In its brief and oral argument before this Court, the United States has agreed that petitioner was erroneously denied access to the lists and urges us to remand the case. We also agree with petitioner.2 Section 1867(f) of the Act, in relevant part, provides:

'The contents of records or papers used by the jury commission or clerk in connection with the jury

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selection process shall not be disclosed, except . . . as may be necessary in the preparation or presentation of a motion (challenging compliance with selection procedures) under . . . this section. . . . The parties in a case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and...

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126 practice notes
  • U.S. v. Cecil, Nos. 83-5148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 5, 1988
    ...357, 364, 99 S.Ct. 664, 668, 58 L.Ed.2d 579 (1979). On this appeal, the government has conceded, as it must, see Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975), that the district court erred in denying the disclosure motion. The defendants' factual assertions in sup......
  • US v. Greater Syracuse Bd. of Realtors, Inc., No. 77-CR-57.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • April 19, 1978
    ...prepare a motion challenging the procedures used in selecting the Grand Jury, 28 U.S.C. § 1867(f); Test v. United 449 F. Supp. 901 States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975), but such a request has not been made in this Defendants' motions to dismiss the Indictment are denied.......
  • U.S. v. Test, Nos. 73-1337
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 17, 1976
    ...the fifth and sixth amendments to the United States Constitution. Pursuant to the mandate of the Supreme Court in Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786, defendants were allowed to inspect both the master and qualified jury wheels and the qualifying questionnaires ......
  • U.S. v. McLernon, Nos. 83-3519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 20, 1984
    ...that 28 U.S.C. Sec. 1867(f) (Supp.1984), grants a defendant an "unqualified right to inspect jury lists." Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975). That section The contents of records or papers used by the jury commission or clerk in connection with the jury ......
  • Request a trial to view additional results
126 cases
  • U.S. v. Cecil, Nos. 83-5148
    • United States
    • United States Courts of Appeals. United States Court of Appeals (4th Circuit)
    • February 5, 1988
    ...357, 364, 99 S.Ct. 664, 668, 58 L.Ed.2d 579 (1979). On this appeal, the government has conceded, as it must, see Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975), that the district court erred in denying the disclosure motion. The defendants' factual assertions in sup......
  • US v. Greater Syracuse Bd. of Realtors, Inc., No. 77-CR-57.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Northern District of New York
    • April 19, 1978
    ...prepare a motion challenging the procedures used in selecting the Grand Jury, 28 U.S.C. § 1867(f); Test v. United 449 F. Supp. 901 States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975), but such a request has not been made in this Defendants' motions to dismiss the Indictment are denied.......
  • U.S. v. Test, Nos. 73-1337
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • December 17, 1976
    ...the fifth and sixth amendments to the United States Constitution. Pursuant to the mandate of the Supreme Court in Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786, defendants were allowed to inspect both the master and qualified jury wheels and the qualifying questionnaires ......
  • U.S. v. McLernon, Nos. 83-3519
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • December 20, 1984
    ...that 28 U.S.C. Sec. 1867(f) (Supp.1984), grants a defendant an "unqualified right to inspect jury lists." Test v. United States, 420 U.S. 28, 95 S.Ct. 749, 42 L.Ed.2d 786 (1975). That section The contents of records or papers used by the jury commission or clerk in connection with the jury ......
  • Request a trial to view additional results

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