Alabama Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

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FAQ

Right to trial by jury. That the right of trial by jury shall remain inviolate.

In a 6?3 decision, the Court ruled that the Equal Protection Clause prohibits striking potential jurors not only because of their race or ethnicity, but also because of their gender.

Whenever a motion for a judgment as a matter of law made at the close of all the evidence is denied or for any reason is not granted, the court is deemed to have submitted the action to the jury subject to a later determination of the legal questions raised by the motion.

Decision. On April 1, 1935, an 8?0 Supreme Court decision authored by Chief Justice Charles Evans Hughes reversed the conviction of Clarence Norris on the grounds that evidence proved that African-Americans were unlawfully excluded from the jury.

[to] a speedy, public trial, by an impartial jury of the county or district in which the offense was committed ?.? More emphatically, Art. I, § 11, Alabama Constitution of 1901, provides, ?That the right of trial by jury shall remain inviolate.? (Emphasis added.)

Article I, § 26 now reads: ?(a) Every citizen has a fundamental right to bear arms in defense of himself or herself and the state. Any restriction on this right shall be subject to strict scrutiny.

Amendment Seven to the Constitution was ratified on December 15, 1791. It protects the right for citizens to have a jury trial in federal courts with civil cases where the claim exceeds a certain dollar value. It also prohibits judges in these trials from overruling facts revealed by the jury.

The legislature shall have no power to grant or to authorize or require any county or municipal authority to grant, nor shall any county or municipal authority have power to grant any extra compensation, fee, or allowance to any public officer, servant, or employe, agent or contractor, after service shall have been ...

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Alabama Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury