2009 Supreme Court term

MARY BERGHUIS, WARDEN v. DIAPOLIS SMITH.

Dockets 08-1402Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

According to Petitioner, the case concerns whether the Michigan Supreme Court unreasonably applied established Supreme Court precedent by rejecting a claim that the jury pool was not a fair cross‑section of the community.

African‑American representation in the venires was 6 % while the jury‑eligible population was 7.28 %.

Background and question before the Court

The petitioner argues that the issue is whether the Michigan Supreme Court unreasonably applied clearly established Supreme Court precedent in rejecting the claim that the jury was not drawn from a fair cross‑section of the community.

What each side argues

Petitioner Position

The petitioner contends that the Michigan Supreme Court unreasonably applied clearly established precedent by rejecting the claim that the jury pool was not a fair cross‑section of the community.

Respondent Position

Source-limited. The record does not yet support a complete account.

What happened at oral argument

According to Justice STEVENS, justice Stevens noted a much higher percentage of African‑Americans in Grand Rapids than in the county as a whole.

Justice Scalia asked whether a juror must be a resident of the district to serve.

Mr. Restuccia answered "Yes" when Justice Scalia asked whether a juror must be a resident of the district.

Justice Kennedy asked whether a statistically significant underrepresentation constitutes systematic exclusion.

Chief Justice Roberts asked where the record shows Grand Rapids had a disproportionate need for jurors.

Mr. Restuccia responded that neither side established a disproportionate need.

Justice Sotomayor asked what is unreasonable about the petitioner’s argument.

According to Justice Stevens, justice Stevens questioned how to handle a 2‑3 % disparity caused by minority excuses for non‑service.

According to Justice Kennedy, justice Kennedy suggested that such a disparity might be a policy issue rather than constitutional.

Justice Alito asked whether any courts enforce juror attendance by issuing bench warrants and arresting non‑showing jurors.

Chief Justice Roberts again asked where the record shows the alleged need for jurors.

According to Justice Ginsburg, justice Ginsburg noted that the change in the draw from the circuit pool reduced the comparative difference from 18 % to 15 %, questioning whether that is a significant change.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Justice Kennedy’s and Justice Stevens’s questions illustrate how statistical underrepresentation may be viewed as systematic exclusion, raising constitutional concerns.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 33dc4537658a2ca1ae10-r1-469fd9c940b27a34.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.