United States v. John Bass (536 U.S. 862)
U.S. Supreme Court · decided June 28, 2002 · Supreme Court Database (Spaeth)
- Citation
- 536 U.S. 862 · 122 S. Ct. 2389
- Decided
- June 28, 2002
- Term
- October Term 2001
- Vote
- 9–0
- Issue area
- Criminal Procedure
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. A federal grand jury sitting in the Eastern District of Michigan returned a second superseding indictment charging respondent with, inter alia, the intentional firearm killings of two individuals. The United States filed a notice of intent to seek the death penalty. Respondent, who is black, alleged that the Government had determined to seek the death penalty against him because of his race. He moved to dismiss the death penalty notice and, in the alternative, for discovery of information relating to the Government’s capital charging practices. The District Court granted the motion for discovery, and after the Government informed the court that it would not comply with the discovery order, the court dismissed the death penalty notice. A divided panel of the United States Court of Appeals for the Sixth Circuit affirmed the District Court’s discovery order. 266 F. 3d 532 (2001). We grant the petition for a writ of certiorari and now summarily reverse. In United States v. Armstrong, 517 U. S. 456, 465 (1996), we held that a defendant who seeks discovery on a claim of selective prosecution must show some evidence of both discriminatory effect and discriminatory intent. We need go no further in the present case than consideration of the evidence supporting discriminatory effect. As to that, Armstrong says, that the defendant must make a “credible showing” that…
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