United States v. Fabio Ochoa-Vasquez
Court of Appeals for the Eleventh Circuit
1Concurring in part, dissenting in partBarkett, Circuit Judge
*1048Other than the First Amendment1 and jury issues, I agree that Ochoa’s arguments would not warrant reversal. However, because the jury selection in this case was so deficient in due process, I believe Ochoa, should be granted a new trial. Specifically, I think that after empaneling an anonymous jury, the district court inexplicably failed to take the simple precautionary measures that would have been adequate to protect Ochoa’s presumption of innocence or his right to an impartial jury as required by United States v. Ross, 33 F.3d 1507, 1520 (11th Cir.1994). Additionally, I believe the jury…
2Cases cited27 opinions
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Batson v. KentuckySupreme Court of the United States · 1986
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Miller-El v. DretkeSupreme Court of the United States · 2005
22 more not listed; retrieve them via the Exa API.