Legal Opinion · Dissent

United States v. Norwood W. Barber, United States of America v. Linda K. Barber

Court of Appeals for the Fourth Circuit

Decided April 5, 1996No. 94-5065, 94-5115Published

1DissentMurnaghan, Circuit Judge

The Barbers, defendant-appellants, are a married couple who live in Virginia. Nor-wood Barber is black; Linda Barber is white. At voir dire, they requested a question on jurors’ attitudes about interracial marriage. The district judge refused. The majority has found that the refusal to ask a question on voir dire about attitudes toward marriage between blacks and whites did not constitute reversible error. I disagree, finding that, there was a reasonable possibility that prejudice may have influenced the jury against the Barbers as a miscegenous couple.

I

Up until 1967, the mere fact of the…

2Cases cited24 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Brown v. Board of EducationSupreme Court of the United States · 1954
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. In Re Murchison.Supreme Court of the United States · 1955
  5. Loving v. VirginiaSupreme Court of the United States · 1967

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