Harlin v. Missouri

Background

A man convicted of a crime in Missouri argued that his right to a jury drawn from a fair cross section of the community was violated because Missouri law let any woman choose to be excused from jury service. The Missouri Supreme Court reviewed the claim under its "plain error" rule and rejected it, relying on earlier state decisions. The United States Supreme Court agreed to review the state court’s decision.

Reasoning

The central question was whether Missouri’s rule allowing any woman to opt out of jury duty systematically excluded women from juries and therefore denied defendants a fair cross section of the community. The Supreme Court did not decide the final merits itself in this opinion; instead it vacated the Missouri court’s judgment and sent the case back for reconsideration in light of the Court’s recent decision in Duren v. Missouri. A Justice separately explained that new rules like Duren should apply to cases still on direct appeal, which supports reconsideration now.

Real world impact

State trial and appellate courts must reexamine jury-selection procedures where women were routinely excused. Criminal defendants whose appeals are still pending get a fresh chance to argue that juries had too few women. This decision is not a final ruling that the Missouri law is invalid; it requires the state courts to reconsider the issue under the newer legal guidance and could lead to different outcomes after that review.

Dissents or concurrances

One Justice dissented without extended explanation in this opinion. Another Justice concurred, stressing that new jury-selection rules apply to cases still on direct review, which supports the Court’s action to send the cases back.