District court need not look beyond evidence of comparative and absolute disparities among groups to decide challenge to jury selection process

JURY SELECTION United States v. Orange, No. 05-6105, ___ F.3d ___ (10th Cir. May 2, 2006)(W.D. Oklahoma). Appeal of district court’s denial of 28 U.S.C. § 2255 habeas motion alleging ineffective assistance of trial counsel for counsel’s failure to challenge district court’s jury selection process. HELD: When district court decides challenge to jury selection process based on claims of systematic exclusion of distinctive groups within community and court is presented with evidence of comparative and absolute disparities falling within circuit’s accepted range, court need not look further into other statistical methods. Read the opinion here.