Thurgood Marshall

“ Although a defendant has no right to a jury of any particular racial composition, we have long held that the State cannot act so as to deprive a defendant of his right to a venire that is "truly representative of the community." Smith v. Texas, 311 U.S. 128, 130, 61 S.Ct. 164, 165, 85 L.Ed. 84 (1940) . Mallett was originally brought to trial in a community with a significant Afro-American population and asked for his case to be transferred to a county with Afro-American residents. ”

“ Just as state prosecutors may not use peremptory challenges to exclude members of the defendant's race from the jury, Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986) , state trial courts may not transfer venue of the trial to accomplish the same result by another means. ”

“ The argument flows necessarily from the language in Batson stating that purposeful discrimination is impermissible in jury selection procedures. Batson v. Kentucky, supra, 476 U.S., at 86-87, 106 S.Ct., at 1717-1718. More importantly, it is not evident to me that Teague applies to our review of state postconviction proceedings in which the state courts have addressed the merits of the petitioner's claims. Certainly, the issue is one that merits review by this Court. ”