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((Use mdy dates|date=September 2023))
((More citations needed|date=March 2021))
((Infobox SCOTUS case
| Litigants = Powers v. Ohio
| ArgueDate = October 9
| ArgueYear = 1990
| DecideDate = April 1
| DecideYear = 1991
| FullName = Powers v. Ohio
| USVol = 499
| USPage = 400
| ParallelCitations = 
| Docket = 89-5011
| Majority = Kennedy
| JoinMajority = White, Marshall, Blackmun, Stevens, O'Connor, Souter
| Dissent = Scalia
| JoinDissent = Rehnquist
| LawsApplied = U.S. Const. amends. XIV
))

'''''Powers v. Ohio''''', 499 U.S. 400 (1991), was a [[United States Supreme Court]] case that re-examined the Batson Challenge.<ref name="Powers v. Ohio">((cite court|url=https://www.oyez.org/cases/1990/89-5011|litigants=Powers v. Ohio|vol=499|reporter=U.S.|opinion=400|date=1991))</ref> Established by ''[[Batson v. Kentucky]]'', 476 U.S. 79 (1986), the Batson Challenge<ref>((cite web|last=Shiga|first=Shun|title=What is a Batson Challenge?|url=https://www.appealslawgroup.com/batson-challenge/|access-date=April 4, 2021|website=Appeals Law Group|language=en-US))</ref> prohibits jury selectors from using [[peremptory challenge]]s on the basis of race, ethnicity, gender, and sex. Powers expanded the jurisdictions of this principle, allowing all parties within a case, defendants especially, to question preemptory challenges during a jury selection, regardless of race.<ref>((cite journal|last=Forman|first=James Jr.|date=2004|title=Juries and Race in the Nineteenth Century|url=https://go.gale.com/ps/i.do?p=AONE&sw=w&issn=00440094&v=2.1&it=r&id=GALE%7CA113457758&sid=googleScholar&linkaccess=abs|journal=Yale Law Journal|language=en|volume=113|issue=4|pages=895–939|via=Gale Academic Onefile))</ref> This holding was protected under the [[Equal Protection Clause]] of the [[Fourteenth Amendment to the United States Constitution|Fourteenth Amendment]].<ref>((cite web|title=14th Amendment|url=https://constitutioncenter.org/%20interactive-constitution/%20amendment/amendment-xiv|publisher=National Constitution Center))</ref>

== Background ==
Larry Joe Powers, a white defendant, was prosecuted on two counts of murder and one count of attempted murder in Franklin County, Ohio.<ref name=":7">((Cite journal|last=Stewart|first=David O.|date=July 1991|title=Whither Peremptories?|url=https://www.jstor.org/stable/20761613|department=Supreme Court Report|journal=[[ABA Journal]]|volume=77|issue=7|pages=38, 40–42|via=JSTOR))</ref> Under the Sixth Amendment, Powers requested a [[jury trial]] to help prove him innocent; however, during the jury selection process, seven Black venirepersons were cut out from the final jury selection. Powers objected and requested an explanation as to why these venirepersons were excluded. The Court dismissed his objection, and in the trial Powers was found guilty of all charges. The court sentenced him to 53 years in prison.<ref name=":4">((Cite journal|last=Wilson|first=Christopher T.|date=1992|title=''Powers v. Ohio'': Race-Based Peremptory Challenges|url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/ukalr40&div=51&id=&page=|journal=University of Kansas Law Review|volume=40|issue=Criminal Procedure Edition|pages=219–236|via=HeinOnline))</ref>

Following his conviction, Powers went to the Ohio Court of Appeals under the belief that his Sixth and Fourteenth Amendment rights were infringed upon. According to Powers, he was not given a fair, impartial jury because of racially justified preemptory challenges. This move was ultimately another infringement upon the Equal Protection Clause of the Fourteenth Amendment.<ref name=":5" />

Powers argued his status as a white man was irrelevant to case at hand. He explained that he had the right to question "the prosecution's discriminatory use of peremptories."<ref>((Cite journal|last=Hornthal|first=L. Phillip|date=Summer 1992|title=Another Step Towards Ending Discrimination in the Jury Selection Process - Powers v. Ohio|url=https://scholarship.law.campbell.edu/clr/vol14/iss3/4/|journal=Campbell Law Review|volume=14|issue=3|pages=369–383|via=Campbell University Institutional Repository))</ref> The Court of Appeals approved his appeal, but the Ohio Supreme Court denied his case. Powers, distraught, took it to the Supreme Court instead, where they agreed to review it.

As Powers's case was reviewed, the Supreme Court dealt with ''Holland v. Illinois''.<ref>((cite court|url=https://supreme.justia.com/cases/federal/us/493/474/|litigants=Holland v. Illinois|vol=493|reporter=U.S.|opinion=474|date=1990|access-date=April 4, 2021))</ref> This case found that the [[Sixth Amendment to the United States Constitution|Sixth Amendment]] did not prevent jury selectors from excluding potential jurors on the basis of race. With this new conclusion, Powers had to restructure his case around the Equal Protection Clause of the Fourteenth Amendment.<ref name=":5">((Cite journal|last=Murray|first=Paul|date=1991–1992|title=''Holland v. Illinois'' and ''Powers v. Ohio'': The Discriminatory Effect of the Peremptory Challenge Evaluated from the Sixth and Fourteenth Amendments|url=https://heinonline.org/HOL/LandingPage?handle=hein.journals/tjeflr13&div=22&id=&page=|journal=Criminal Justice Journal|volume=13|issue=2|pages=335–356|via=HeinOnline))</ref>

==Decision==
[[File:Anthony Kennedy official SCOTUS portrait.jpg|thumb|Justice Anthony M. Kennedy, leading majority opinion for Powers v. Ohio.]]
The Court came to multiple conclusions with this case. For starters, it did establish, once again, that racial bias and discrimination in juries and jury selection processes were unconstitutional. Justice [[Anthony Kennedy]] delivered the following statement in regards to this: "Invoking the Equal Protection Clause and federal statutory law, and relying upon well-established principles of standing, we [the Supreme Court of the United States] hold that a criminal defendant may object to race-based exclusions of jurors effected through peremptory challenges whether or not the defendant and the excluded jurors share the same race."<ref name="Powers v. Ohio" /> Additionally, the Supreme Court concluded that "discriminatory use of peremptories harms the excluded jurors by depriving them of a significant opportunity to participate in civil life."<ref name="Powers v. Ohio" />

As the justices came to this conclusion, they drew heavily from ''[[Swain v. Alabama]]'', where the court concluded: "[the] state's purposeful or deliberate denial to Negroes on account of race of participation as jurors in the administration of justice violates the Equal Protection Clause."<ref name=":6">((cite court|url=https://www.law.cornell.edu/supremecourt/text/476/79|litigants=Batson v. Kentucky|vol=499|reporter=U.S.|opinion=79|date=1986))</ref> Ultimately, the state has a right to practice peremptory challenges in the jury selection process; however, this right is only protected "as long as that reason is related to the outcome" (''United States v. Robinson''). Powers v. Ohio helped reaffirm this.

The case also addressed a provision ''Batson v. Kentucky'' failed to. In ''Batson v. Kentucky'', Batson, the black defendant of the case, called out racially-based discrimination in the courtroom.<ref name=":7" /> The court agreed with him, and concluded that racially motivated peremptory challenges were unconstitutional; however, the Batson court argued that: "a criminal defendant may object to race-based... peremptory challenges whether or not the defendant and excluded juror share the same race."<ref>((Cite journal|last=Bradley|first=Kirk|date=1992|title=Milking the New Sacred Cow: The Supreme Court Limits the Peremptory Challenge on Racial Grounds in ''Powers v. Ohio'' and ''Edmonson v. Leesville Concrete Co.''|url=https://digitalcommons.pepperdine.edu/plr/vol19/iss2/6/|journal=[[Pepperdine Law Review]]|volume=19|issue=2|pages=691–731|via=Pepperdine Digital Commons))</ref> The ''Powers'' decision re-examined this provision and established that defendants have the right to call out and question racial discrimination in the courtroom regardless of a difference in race. In other words, a white defendant could question the exclusion of a black juror and vice versa as it was a defendant's right to question the integrity of their impartial trial without race standing in the way of that.

In the final decision, the Court ruled in favor of Powers's question in a 7–2 decision; but, it did not overrule Powers's personal case.<ref name=":4" /> The Court's majority opinion explained, "if for any reason the State is unable to reconvict Powers for the double murder at issue here, later victims may pay the price for our extravagance...crime would go unpunished and criminals go free." While racial discrimination was unconstitutional, it did not take away from Power's crimes.<ref name=":6" /> Thus ''Powers v. Ohio'' re-examined the Batson Challenge and expanded its jurisdictions, but it did not directly address or overturn Powers's status as guilty.

==Later developments==
[[File:William Rehnquist.jpg|thumb|Chief Justice [[William Rehnquist]], important voice in the dissent of the case. Along with Marshall, Stevens, Blackmun, White, and O'Connor, Rehnquist was part of the Court that decided ''[[Batson v. Kentucky]]''.]]

''Powers v. Ohio'' was an important case that helped continue to remove discrimination within the courtroom. However, it is important to note that it did not entirely dismantle discrimination in jury selection. Questions about the constitutionality of defendant peremptory challenges were never brought into the picture.<ref name=":4" /> Future court cases, like ''Singleton v. Wulff'', would address these issues.

==References==
((Reflist))

==External links==
*((caselaw source
 | case = ''Powers v. Ohio'', ((ussc|499|400|1991|el=no))
 | cornell = https://www.law.cornell.edu/supct/html/89-5011.ZS.html
 | courtlistener = https://www.courtlistener.com/opinion/112570/powers-v-ohio/
 | findlaw = https://caselaw.findlaw.com/us-supreme-court/499/400.html
 | googlescholar = https://scholar.google.com/scholar_case?case=10013574145468149425
 | justia = https://supreme.justia.com/cases/federal/us/499/400/
 | leagle = https://www.leagle.com/decision/1991899499us4001886
 | loc = https://www.loc.gov/item/usrep499400/
 | openjurist = https://openjurist.org/499/us/400/powers-v-ohio
 | oyez = https://www.oyez.org/cases/1990/89-5011
 ))

((DEFAULTSORT:Powers V Ohio))
[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases of the Rehnquist Court]]
[[Category:1991 in United States case law]]

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