Ohio 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.

How to fill out Motion To Declare Unconstitutional The Discriminatory Exclusion Of Illiterates From The Jury?

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FAQ

Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including ?mistake, inadvertence, surprise, or excusable neglect.? Fed.

The court on motion of a defendant or on its own motion, after the evidence on either side is closed, shall order the entry of a judgment of acquittal of one or more offenses charged in the indictment, information, or complaint, if the evidence is insufficient to sustain a conviction of such offense or offenses.

The law requires twelve (12) jurors to be seated in a criminal case and only eight (8) jurors are required in a civil case. In a criminal trial, the jury must find a defendant ?guilty? or ?not guilty? by a unanimous vote. In civil cases, the law requires a vote of at least three-fourths of the jury to reach a verdict.

Section 2945.17 | Right to jury trial. (A) At any trial, in any court, for the violation of any statute of this state, or of any ordinance of any municipal corporation, except as provided in divisions (B) and (C) of this section, the accused has the right to be tried by a jury.

The Ohio Court of Appeals affirmed his conviction. Held: Under the Equal Protection Clause, a criminal defendant may object to race-based exclusions of jurors through peremptory challenges whether or not the defendant and the excluded jurors share the same race. Pp. 499 U. S. 404-416.

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