394
Opinion of the Court
in kind and degree from the one there at issue because it implicates the impermissible appointment of a member of the grand jury. What concerns Campbell is not the foreperson's performance of his minis-terial duty to preside, but his performance as a grand juror, namely, voting to charge Campbell with second-degree murder. The significance of this distinction was acknowledged in Hobby, supra, at 348. By its own terms, then, Hobby does not address a claim like Campbell's. Pp. 400-403.
2. The Court declines to address whether Campbell also has standing to raise a fair-cross-section claim. Neither of the Louisiana appellate courts discussed this contention, and Campbell has made no effort to meet his burden of showing the issue was properly presented to those courts. See Adams v. Robertson, 520 U. S. 83, 86 (per curiam). P. 403. 673 So. 2d 1061, reversed and remanded.
Kennedy, J., delivered the opinion for a unanimous Court with respect to Parts I, II, IV, and V, and the opinion of the Court with respect to Part III, in which Rehnquist, C. J., and Stevens, O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed an opinion concurring in part and dissenting in part, in which Scalia, J., joined, post, p. 403.
Dmitrc I. Burnes argued the cause for petitioner. With him on the briefs was Richard V. Burnes.
Richard P. Ieyoub, Attorney General of Louisiana, argued the cause for respondent. With him on the brief were Kathleen E. Petersen and Mary Ellen Hunley, Assistant Attorneys General, and Paul R. Baier.*
Justice Kennedy delivered the opinion of the Court. We must decide whether a white criminal defendant has standing to object to discrimination against black persons in the selection of grand jurors. Finding he has the requisite standing to raise equal protection and due process claims, we reverse and remand.
I
A grand jury in Evangeline Parish, Louisiana, indicted petitioner Terry Campbell on one count of second-degree
*Joshua L. Dratel, Lisa Kemler, and Richard A. Greenberg filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging reversal.
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007