Ristaino v. Ross, 424 U.S. 589 (1976)

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

Absent circumstances comparable in significance to those existing in Ham v. South Carolina, 409 U.S. 524, examination of veniremen during voir dire about racial prejudice is held not constitutionally required. In the instant case, which involved the prosecution of respondent, a Negro, for violent crimes against a white security guard, respondent did not show such circumstances. There was thus no error of constitutional dimensions when the state trial judge questioned veniremen about general bias or prejudice but declined to question them specifically about racial prejudice. Pp. 594-598.

508 F.2d 754, reversed.

POWELL, J., delivered the opinion of the Court, in which BURGER, C.J., and STEWART, BLACKMUN, and REHNQUIST, JJ., joined. WHITE, J., filed a statement concurring in the result, post, p. 598. MARSHALL, J., filed a dissenting opinion, in which BRENNAN, J., joined, post, p. 599. STEVENS, J., took no part in the consideration or decision of the case.