What is the test for reversal of a decision by a judge to deny a defendant a right to exercise a peremptory challenge?
MultiRegion, United States of America
The following excerpt is from U.S. v. Allsup, 566 F.2d 68 (9th Cir. 1977):
"An error in restricting the exercise of peremptory challenges results in an automatic reversal. The defendant need not show that he was prejudiced by the error. (Swain v. Alabama, supra, 380 U.S. at 219, 85 S.Ct. at 835, 'The denial or impairment of the right (of exercising peremptories) is reversible error without a showing of prejudice (citations omitted).')."
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