Teague v. Lane, Director, Illinois Department of Corrections, et al. (489 U.S. 288)
U.S. Supreme Court · decided February 22, 1989 · Supreme Court Database (Spaeth)
- Citation
- 489 U.S. 288 · 109 S. Ct. 1060
- Decided
- February 22, 1989
- Term
- October Term 1988
- Vote
- 7–2
- Majority author
- Justice O'Connor
- Issue area
- Criminal Procedure
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
Justice O’Connor announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II, and III, and an opinion with respect to Parts IV and V, in which The Chief Justice, Justice Scalia, and Justice Kennedy join. In Taylor v. Louisiana, 419 U. S. 522 (1975), this Court held that the Sixth Amendment required that the jury venire be drawn from a fair cross section of the community. The Court stated, however, that “in holding that petit juries must be drawn from a source fairly representative of the community we impose no requirement that petit juries actually chosen must mirror the community and reflect the various distinctive groups in the population. Defendants are not entitled to a jury of any particular composition.” Id., at 538. The principal question presented in this case is whether the Sixth Amendment’s fair cross section requirement should now be extended to the petit jury. Because we adopt Justice Harlan’s approach to retroactivity for cases on collateral review, we leave the resolution of that question for another dav. I Petitioner, a black man, was convicted by an all-white Illinois jury of three counts of attempted murder, two counts of armed robbery, and one count of aggravated battery. During jury selection for petitioner’s trial, the prosecutor used all 10 of his peremptory challenges to exclude blacks. Petitioner’s counsel used…
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