court filing: Case 1:17-cr-00383-PAC Document 1859 Filed 03/22/21 Page 18 of 20
Summary
The court rejects Schulte's Equal Protection claim and JSSA claims, finding no evidence of intentional discrimination and no substantial failure to comply with the JSSA. The court also dismisses Schulte's Sixth Amendment fair cross-section challenge.
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court filing: Case 1:17-cr-00365-DLC Document 1859 Filed 03/24/21 Page 20 of 20
The document discusses the court's decision on defining the relevant jury pool and community for Schulte's trial, agreeing with the Government that the northern counties from which White Plains draws jurors represent the relevant community.
court filing: Case 1:20-cv-06539-JPC Document 185-1 Filed 03/22/21 Page 17 of 20
The document discusses Schulte's challenge to the jury selection process, arguing that it violates the Sixth Amendment and the Equal Protection clause due to underrepresentation of African Americans and Hispanic Americans. The court rejects these claims, citing the lack of proof of discriminatory intent and failure to establish a prima facie violation. The court relies on precedents such as Rioux and Castaneda in its decision.
court filing: Case 2:17-cr-00383-JS Document 1859 Filed 03/22/21 Page 14 of 20
The court analyzes jury underrepresentation using the absolute disparity method and finds that the disparities in the representation of African Americans and Hispanic Americans in the White Plains master wheel are within the tolerated limits established by Second Circuit precedents.
court filing: Case 4:20-cr-00354-PAE Document 1359 Filed 03/22/21 Page 16 of 20
The court rejects Schulte's claims that the Jury Plan violates the Sixth Amendment due to systematic exclusion, citing various reasons including the impact of the COVID-19 pandemic and the use of voter registration lists. The court relies on precedent, such as Rioux and Schanbarger, to support its conclusions. The defendant's allegations regarding the Jury Plan's replenishment period and exclusion of 'inactive voters' are also dismissed.
court filing: Case:20-cj-017-00 Document#:1859 Filed:03/22/21
The court is analyzing the defendant's fair cross-section challenge and must determine the relevant jury venire. The defendant argues that the White Plains qualified wheel is the relevant jury venire, while the government contends that the White Plains master wheel is the correct jury venire. The court agrees with the government.
Court Opinion & Order: 17-Cr-548
The defendant, Joshua Adam Schulte, a former CIA employee, moves to dismiss the third superseding indictment on the grounds that the grand jury venire did not reflect a fair cross-section of the community. The court denies the motion, rejecting Schulte's claims under the Fifth and Sixth Amendments and the Jury Selection and Service Act of 1968. The case involves charges related to stealing national defense information and transmitting it to Wikileaks.
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