Member Jack B. Zimmermann's written statement to the House House Judiciary Subcommittee on Crime and House Government Reform and Oversight Subcommittee on National Security, International Affairs and Criminal Justice regarding the 1993 confrontation between Branch Davidians and law enforcement in Waco, TX.
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (cert. stage).
Argument: The Court should grant the writ to protect the Sixth Amendment right to an unbiased jury. The critical question is whether a trial court must, at a minimum, ask potential jurors who admit exposure to highly prejudiced pretrial publicity if they have formed opinions about guilt and allow further questioning to uncover bias. The Alabama Supreme Court said no, holding that courts may rely on those jurors' collective, untested assurance that they can be fair. That ruling conflicts with decisions of this Court and must be corrected.