Test v. United States, 420 U.S. 28 (1975)

Test v. United States

No. 73-5993

Argued December 11, 1974
Decided January 27, 1975
420 U.S. 28

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

Syllabus

An unqualified right of a litigant to inspect jury lists held required not only by the plain text of the provisions of the Jury Selection and Service Act of 1968, 28 U.S.C. § 1867(f), allowing the parties in a case "to inspect" such lists at all reasonable times during the "preparation" of a motion challenging compliance with jury selection procedures, but also by the Act’s overall purpose of insuring "grand and petit juries selected at random from a fair cross-section of the community," 28 U.S.C. § 1861. Hence, where the District Court denied petitioner’s motion, prior to his trial and conviction on a federal drug charge, to inspect the jury lists in connection with his challenge to the grand and petit juries selection procedures, the Court of Appeals’ judgment affirming his conviction is vacated, and the case is remanded so that he may attempt to support his challenge.

486 F.2d 922, vacated and remanded.