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Barry Darnell Wysinger v. Leoneal Davis, Warden the Attorney General for the State of Alabama

Citations: 886 F.2d 295; 1989 U.S. App. LEXIS 15276; 1989 WL 112670Docket: 88-7687

Court: Court of Appeals for the Eleventh Circuit; September 29, 1989; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Barry Darnell Wysinger, who challenged the dismissal of his habeas corpus petition, alleging a violation of his Sixth Amendment right to a fair trial. The appellant contended that the jury selection process excluded individuals aged eighteen to twenty-five and blacks, which he argued constituted a denial of a fair trial. The magistrate, following an evidentiary hearing, determined that individuals aged eighteen to twenty-five do not represent a distinct or cognizable group under Sixth Amendment jurisprudence, as supported by existing precedents, including those from the Eleventh Circuit. Regarding the claim of racial underrepresentation, the magistrate found that Wysinger did not provide adequate evidence to substantiate the claim. Consequently, the district court adopted the magistrate's findings and recommendations, and the Eleventh Circuit Court of Appeals affirmed the dismissal. Thus, Wysinger's conviction for murder, which had previously been upheld by Alabama appellate courts, remained intact.

Legal Issues Addressed

Adoption of Magistrate's Findings

Application: The district court and the Eleventh Circuit Court of Appeals affirmed the dismissal based on the magistrate's findings and recommendations.

Reasoning: The district court adopted the magistrate's findings and recommendations, leading to the affirmation of the dismissal of Wysinger's petition by the Eleventh Circuit Court of Appeals.

Jury Selection - Cognizable Groups

Application: The court determined that individuals aged eighteen to twenty-five do not constitute a cognizable group under Sixth Amendment analysis.

Reasoning: The magistrate, after an evidentiary hearing, concluded that this age group does not constitute a distinct or cognizable group under Sixth Amendment analysis, as Wysinger provided only age as evidence of distinctiveness.

Sixth Amendment Right to a Fair Trial

Application: The appellant claimed a violation of his Sixth Amendment rights due to the exclusion of certain age and racial groups from the jury selection process.

Reasoning: Barry Darnell Wysinger appeals the dismissal of his habeas corpus petition, claiming a violation of his Sixth Amendment right to a fair trial due to the exclusion of individuals aged eighteen to twenty-five and blacks from the jury selection process.

Systematic Underrepresentation in Jury Pools

Application: The appellant's claim of racial underrepresentation was dismissed due to insufficient evidence.

Reasoning: Wysinger's second argument addresses the racial composition of the jury, alleging a systematic underrepresentation of blacks. However, the magistrate found that Wysinger failed to substantiate this claim with the necessary evidence.