David Wovrosh, Cincinnati Law 2L, summarizes Berthaiume v. Smith for the National Association for Public Defense. The case, decided by the Eleventh Circuit Court of Appeals, involves LGBT litigants and jury member bias. David writes:
In Berthiaume v. Smith, the Eleventh Circuit Court of Appeals held that jury members may be questioned during voir dire regarding latent bias predicated on sexual orientation. Relying on its decision in United States v. Bates and the United States Supreme Court’s decision in Rosales-Lopez v. United States, the Eleventh Circuit concluded that, where matters of sexual orientation are “inextricably bound up” with the facts of the case, LGBT litigants are entitled to constitutional protections against jury bias.
To learn more about NAPD’s involvement in the case and for the full text of David’s summary, please visit the National Association for Public Defense.
split over what the Constitution requires when prosecutors seek to impose the death penalty against defendants who have mental illness, but cannot afford to hire mental health experts to present an effective defense.