Joel Hayden v. Maine
"WHEN A PARTY MOVES TO STRIKE A PROSPECTIVE JUROR FOR CAUSE BECAUSE OF A 'LANGUAGE BARRIER' WHAT SORT OF RECORD MUST THE COURT MAKE IN ORDER TO ENSURE THAT A 'LANGUAGE BARRIER' IS NOT A PROXY FOR A CONSTITUTIONALLY IMPERMISSIBLE STRIKE BASED ON RACE, ETHNICITY OR NATURAL ORIGIN"?
"DID THE MAINE SUPREME COURT VIOLATE DEFENDANT'S FOURTEENTH AMENDMENT RIGHTS BY REFUSING TO ENTERTAIN A DISCRETIONARY APPEAL OF THE TRIAL COURT'S REFUSAL TO APPLY STEP THREE OF THE BATSON ANALYSIS, AFTER DEFENSE COUNSEL STRUCK THE ONLY PROSPECTIVE JUROR OF COLOR BASED ON A 'LANGUAGE BARRIER' - WHEN THE DEFENDANT WAS HIMSELF A PERSON OF COLOR AND RACIAL BIAS AGAINST AFRICAN AMERICANS WAS ALREADY EXPOSED AMONGST THE PROSPECTIVE JURORS"?
"ONCE A DEFENDANT HAS INDICATED A DESIRE TO ATTEND BENCH, SIDEBAR OR IN CHAMBERS CONFERENCES, DOES HIS ABSENCE FROM THOSE CONFERENCES THAT HE IS CONSTITUTIONALLY ENTITLED TO ATTEND INDICATE A VALID WAIVER OF HIS RIGHT TO BE PRESENT"?
"IS IT A VIOLATON OF A DEFENDANT'S UNITED STATES CONSTITUTIONAL RIGHT TO ATTEND A CONFERENCE IN CHAMBERS FOR THE TRIAL COURT TO ACCEPT AS A VALID WAIVER OF DEFENDANT'S CONSTITUTIONAL RIGHT, DEFENSE COUNSEL'S REPRESENTATION TO THE COURT THAT THE DEFENDANT DID NOT NEED TO ATTEND - WHITHOUT CONSULTING WITH THE DEFENDANT"?
When a party moves to strike a prospective juror for cause due to a 'language barrier', what record must the court make to ensure the strike is not based on race, ethnicity or national origin?