Friday, July 15, 2005

Circuit approves of combining minority groups in a Batson challenge, but "race-neutral" justifications remain easily acceptable on habeas review

Green v. Travis, Docket No. 04-0426-pr (2d Cir. July 7, 2005) (Jacobs, Sotomayor, Hall) (Op. by Sotomayor): This case recognizes for the first time in this circuit that minority groups can be combined to form a “cognizable racial group” under Batson v. Kentucky. 476 U.S. 79, 86 (1986). Affirming the decision below, the Circuit found on habeas review that the state Appellate Division’s determination that Black and Hispanic venirepersons do not constitute a “cognizable racial group” was an unreasonable application of Batson.

During the defendant’s state trial for possession and sale of cocaine, defense counsel raised a Batson challenge after the prosecutor used three peremptory challenges to strike one Black man, one Black woman and one Hispanic woman during the first round of jury selection (leaving no minorities at the end of the round), and two peremptory challenges to strike one Black Man and one Hispanic woman during the second round of selection. The trial judge ruled that the defense had not made out a prima facie case under Batson because defense counsel had done no more than “refer[] to certain racial groups,” and the Appellate Division held that, “‘minorities’ in general do not constitute a cognizable racial group.” Op. at 4.

On habeas review, the Circuit agreed with Judge Weinstein of the Eastern District of New York that such a reading of Batson is unreasonable under 28 U.S.C. § 2254(d)(1). The Circuit relied on the Supreme Court’s holding in Powers v. Ohio that a defendant has third-party standing to raise a Batson challenge when venirepersons of a different race than the defendant are excluded from the jury. 499 U.S. 400, 416 (1991). The Circuit reasoned that because Powers established the right of individual venirepersons not to be excluded from a jury because of race (499 U.S. at 409), the equal protection clause is violated when “any and all venirepersons” are struck from a jury because of their race. Op. at 13. The Circuit determined that, “the only continuing relevance of Batson’s ‘cognizable racial group’ language is the requirement that a defendant… must demonstrate that a peremptorily excused venireperson was challenged by reason of being a member of some ‘cognizable racial group.’” Op. at 14 (emphasis in original).

However, the Circuit affirmed the district court’s denial of the defendant’s petition for a writ of habeas corpus, holding after a reconstruction hearing that Green failed to establish by a preponderance of the evidence that any of the challenges were based on race or ethnicity. While the prosecutor did not remember her reasons for the peremptory strikes independently, Judge Weinstein allowed her to recreate her reasoning in a reconstruction hearing after reading through her notes and the trial transcript. Based on her notes taken during voir dire and given her practice at voir dires, the prosecutor offered the following reasons for striking each of the five minority venirepersons: (1) for having a husband who had been arrested and prosecuted in the same county; (2) for having a family member who had been arrested on a drug offense and for having difficulty following the prosecutor’s questions; (3) for having a family member who had been mistreated by the police and for expressing hesitation regarding relying on witness testimony; (4) for having a history of negative interactions with the police and “generally appear[ing] confused;” and (5) for the prosecutor’s belief that at the time she must have concluded that the individual would have problems assessing witness credibility (although she lacked notes from voir dire to support this). Op. at 5-6. The district court credited the prosecutor’s testimony at the reconstruction hearing and ruled that Green failed to prove that the prosecutor’s challenges were race based. The Circuit agreed and noted that unfavorable demeanor and perceived bias against law enforcement have both been upheld as legitimate race-neutral justifications. Op. at 18, citing McCrory v. Henderson, 82 F.3d 1243, 1247-48 (2d Cir. 1996); United States v. Rudas, 905 F.2d 38, 40-41 (2d Cir. 1990).

Ultimately, then, while the Circuit here clarified the scope of Batson by holding that a “cognizable racial group” can include multiple minority groups, this case reveals the feeble legs upon which any Batson challenge stands. The Circuit’s acceptance of the prosecutor’s explanations for striking one juror, derived not from her recollection or from her notes, but simply from reading the trial transcript, while not a new holding of law (See Jordan v. Lefevre, 293 F.3d 587, 594 (2d Cir. 2002)), is especially troubling. It underscores the ease with which “race-neutral justifications” proffered by prosecutors have been accepted by courts on habeas review.

(By Jocelyn Simonson, a rising 3-L at Harvard Law School).

59 Comments:

Anonymous Anonymous said...

And on a lighter note than pure kentucky lawyer , check out the funniest trial transcript ever! If it's not serious enough of a topic, well, just pretend it's the Brit's version of kentucky lawyer !

November 7, 2005 at 10:42 AM  
Blogger job opportunitya said...

I peep the web for blogs just like this one.
Airtight blog. Your site was off the chain and I will
return!
You must peep out my circuit city promotional code blog.

November 29, 2005 at 12:15 PM  
Blogger Henryrmsy said...

Think about it. An electric bicycle will add sparkle and zest to your day. Just get out and enjoy...Spiritually Solaced

January 22, 2006 at 1:07 PM  
Anonymous Anonymous said...

Wow...Visit Our Web Site at http://buildhomes4u.com If You are Looking forr advice on unique house plans.

July 20, 2006 at 6:52 AM  
Anonymous Anonymous said...

Hi
Linux software,news mobile ,games
http://spdimon.info

G'night

January 17, 2007 at 7:11 AM  
Anonymous Anonymous said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are Phentermine you can find

Viagra
online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis online in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.
viagra no prescription narcotic analgesic product
Purchase Viagra relieve moderate to severe pain
Viagra Alternative You can find Buy VIagra Online and
Klonopin to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 9, 2010 at 4:42 AM  
Anonymous Anonymous said...

Many use Ambien Online Today.
viagra no prescription popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescriptionCialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Viagra Online
can be found online Viagra

Viagra Online is an FDA approved medication.
Viagra Online narcotic pain-reliever.
buy viagra for sensation of pain.
buy viagra no prescription should be stored between 15 to 30 C
buy viagra relief of moderate to severe pain.
Buy Viagra Online
tablets is 5 to 30 mg every 4 hours. Buy Viagra Online
narcotic pain-relievers generic viagra
may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Buy Viagra online
best price Adderall online sale
Loeazepam
for you alprazolam
for pain Ativan Online
on sale today cheap viagra
here. Buy Cialis online today
Buy Phentermine Online
big sale Buy Phentermine in UK pharmacy
Buy Cialis cheapest prices
Buy Valium today
generic cialis
Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia
best pharmacy Lorazepam
best offer Alprazolam
best choice accutane online here.

August 9, 2010 at 4:49 AM  
Anonymous Anonymous said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax you can buy adderall
and other try Xanax
you can Buy xanaxand also try to use
Phentermine also try buy adderall
and some
Buy Phentermine Online
and many others use
Propecia
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
Alprazolam
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Buy Tramadol best prices Ultram online pharmacy Ambien Online best price.

August 9, 2010 at 5:10 AM  
Anonymous Anonymous said...

Clonazepam
affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
levitra online is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 ativan online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. buy viagra no prescription cheap prices Buy Viagra best solution Adipex against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Cheap Viagra online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 9, 2010 at 5:13 AM  
Anonymous Anonymous said...

Adipex Phentermine Drug Information from Drugs.com. Includes side effects, interactions, indications.
Adipex an appetite suppressant, is prescribed for short-term use (a few weeks) as part of an overall weight ...
Ambien (zolpidem) is a sedative and is used for the short-term treatment of insomnia by helping you fall asleep.
Ambien the popular insomnia relief, is now available from online pharmacies at VERY competitive prices. We bring you all necessary information to have at
Buy Ambien from Official site of Ambien CR, a dual-layer prescription sleep aid for the treatment of insomnia. Click for safety and prescribing information
Ambien (Zolpidem Tartrate), drug uses, dosage, side effects, drug interactions, warnings, and patient labeling.
Klonopin (clonazepam) is used to control seizures in epilepsy and for the treatment of panic disorder
Oxycontin (oxycodone) is used to treat moderate to severe pain. Includes OxyContin side effects, interactions and indications
Oxycontin
Oxycontin
Oxycontin
Buy Adderall Online (amphetamine and dextroamphetamine) is used to treat narcolepsy and attention deficit hyperactivity disorder (ADHD). Includes Adderall side effects
buy Adderall Without Prescription
Adderall No Prescription
Adderall No Prescription
Buy Adderall Online
Buy Adderall
Buy Adderall
Buy Adderall
Adderall
Adderall
Adderall
Adderall
Buy Hydrocodone Online
Buy hydrocodone
Loeazepam
Lorazepam
Loeazepam
Clonazepam
Clonazepam
Clonazepam
Clonazepam

August 9, 2010 at 5:15 AM  
Anonymous Anonymous said...

viagra 100mg buy viagra online laser card - buy-viagra-us.net

January 24, 2013 at 8:36 AM  
Anonymous Anonymous said...

viagra 50mg buy viagra online boots - order viagra in australia

January 24, 2013 at 12:42 PM  
Anonymous Anonymous said...

generic viagra buy viagra cheap us - does viagra for women work

January 27, 2013 at 11:52 PM  
Anonymous Anonymous said...

viagra cost order generic viagra online us - viagra in us for sale

January 28, 2013 at 2:53 AM  
Anonymous Anonymous said...

buy soma online soma intimates online coupon codes - medication soma 250 mg

February 3, 2013 at 12:40 AM  
Anonymous Anonymous said...

buy soma online buy soma online with mastercard - cheap soma apartments

February 4, 2013 at 2:39 PM  
Anonymous Anonymous said...

buy soma buy soma vanishing back bra - soma costa mesa

February 7, 2013 at 3:22 AM  
Anonymous Anonymous said...

buy soma soma neuronal - buy generic soma online

February 7, 2013 at 8:27 AM  
Anonymous Anonymous said...

buy soma online order soma online no rx - canadian pharmacy soma no prescription

February 8, 2013 at 4:10 AM  
Anonymous Anonymous said...

buy soma online aura soma online store - soma enterprises+order book

February 8, 2013 at 9:03 AM  
Anonymous Anonymous said...

buy soma soma 350 mg drug - drug interactions soma benadryl

February 8, 2013 at 7:08 PM  
Anonymous Anonymous said...

generic soma soma drug - soma medication description

February 9, 2013 at 1:01 AM  
Anonymous Anonymous said...

buy cialis online cialis 4rx - cialis daily tadalafil

February 10, 2013 at 3:20 AM  
Anonymous Anonymous said...

cialis online once daily cialis side effects - is cialis generic yet

February 10, 2013 at 8:28 AM  
Anonymous Anonymous said...

tramadol online tramadol 377 dosage - tramadol 200 mg get high

February 10, 2013 at 3:50 PM  
Anonymous Anonymous said...

buy tramadol online tramadol withdrawal restless arms - cheap tramadol overnight

February 12, 2013 at 1:52 AM  
Anonymous Anonymous said...

buy tramadol tramadol for pets no prescription - tramadol for dogs expiration date

February 13, 2013 at 12:05 PM  
Anonymous Anonymous said...

buy tramadol online tramadol buy online no prescription - buy tramadol online usa

February 14, 2013 at 2:54 AM  
Anonymous Anonymous said...

xanax online xanax dosage schedule - xanax side effects for cats

February 21, 2013 at 5:54 AM  
Anonymous Anonymous said...

generic xanax xanax overdose how much is too much - xanax effects animals

February 21, 2013 at 10:25 PM  
Anonymous Anonymous said...

buy tramadol tramadol highest dosage - buy tramadol online fedex delivery

February 22, 2013 at 11:53 PM  
Anonymous Anonymous said...

tramadol generic tramadol for dogs 50mg dosage - next day tramadol online

February 23, 2013 at 7:00 AM  
Anonymous Anonymous said...

generic xanax xanax dosage duration - xanax .5 mg to get high

February 23, 2013 at 8:22 AM  
Anonymous Anonymous said...

xanax online mixing xanax and alcohol good - drug tests and xanax

February 23, 2013 at 9:44 AM  
Anonymous Anonymous said...

generic xanax where can i buy xanax no prescription - xanax dosages for anxiety

February 23, 2013 at 1:31 PM  
Anonymous Anonymous said...

xanax alprazolam xanax youtube - xanax questions

February 25, 2013 at 12:31 AM  
Anonymous Anonymous said...

buy carisoprodol online no prescription soma carisoprodol narcotic - buy carisoprodol no prescription

February 25, 2013 at 4:44 PM  
Anonymous Anonymous said...

buy tramadol online no prescription overnight tramadol prescribing information - suboxone treatment tramadol addiction

February 25, 2013 at 8:03 PM  
Anonymous Anonymous said...

buy tramadol buy tramadol online australia - tramadol 100 mg m/r

February 27, 2013 at 7:42 AM  
Anonymous Anonymous said...

buy cialis online cialis daily message boards - cialis price mexico

March 1, 2013 at 8:43 PM  
Anonymous Anonymous said...

buy generic cialis online no prescription cialis online apotheke - cialis 10 mg price

March 2, 2013 at 5:30 PM  
Anonymous Anonymous said...

buy cialis viagra cialis вики - cialis online 24 ore

March 3, 2013 at 8:43 AM  
Anonymous Anonymous said...

cheap tramadol tramadol take get high - does tramadol hcl do you

March 5, 2013 at 6:52 AM  
Anonymous Anonymous said...

learn how to buy tramdadol tramadol 50 mg kapsler - tramadol online to florida

March 6, 2013 at 9:39 AM  
Anonymous Anonymous said...

buy tramadol tramadol overdose dog - tramadol 50mg and itching

March 8, 2013 at 6:48 AM  
Anonymous Anonymous said...

http://landvoicelearning.com/#21906 buy tramadol online in florida - buy tramadol at walmart

March 8, 2013 at 4:46 PM  
Anonymous Anonymous said...

learn how to buy tramdadol is tramadol hcl a narcotic drug - tramadol 50 mg stronger than vicodin

March 8, 2013 at 4:52 PM  
Anonymous Anonymous said...

buy tramadol tramadol hcl urban dictionary - 250mg tramadol high

March 8, 2013 at 9:41 PM  
Anonymous Anonymous said...

generic clonazepam klonopin urine - buy cheap clonazepam online

March 9, 2013 at 1:36 AM  
Anonymous Anonymous said...

buy tramadol online cod overnight tramadol online no prescription mastercard - where can i order tramadol

March 10, 2013 at 3:02 PM  
Anonymous Anonymous said...

learn how to buy tramdadol buy tramadol no prescription online - generic version tramadol

March 11, 2013 at 9:25 AM  
Anonymous Anonymous said...

A huge dick in my pussy,any warm wet tounge up my own arse and cum along with pussy juice all over me.

Fuck, ozzy

Feel free to surf to my page: hcg injections

March 16, 2013 at 9:59 AM  
Anonymous Anonymous said...

Hello there! I know this is somewhat off topic but I was wondering if you knew where I could locate a
captcha plugin for my comment form? I'm using the same blog platform as yours and I'm having difficulty finding one?
Thanks a lot!

Look into my website ... provillusreviews-hq.blogspot.com

March 17, 2013 at 3:21 AM  
Anonymous Anonymous said...

http://southcarolinaaccidentattorney.com/#61879 carisoprodol detection drug test - carisoprodol online no prescription cod

March 17, 2013 at 7:16 PM  
Anonymous Anonymous said...

carisoprodol 350 mg side effects of soma carisoprodol tablets - drug called carisoprodol

March 18, 2013 at 11:14 AM  
Anonymous Anonymous said...

carisoprodol 350 mg generic drug carisoprodol - can you buy carisoprodol online

March 20, 2013 at 5:13 PM  
Anonymous Anonymous said...

It's an awesome piece of writing designed for all the web visitors; they will obtain advantage from it I am sure.

my webpage: wartrol scam

May 17, 2013 at 3:38 AM  
Anonymous Anonymous said...

I have read so many articles or reviews about the blogger lovers but this piece of writing is genuinely a
nice piece of writing, keep it up.

Look at my page ... wartrol reviews

May 17, 2013 at 8:59 AM  
Anonymous Anonymous said...

[url=http://test1517.org]test1517.org[/url]
test1517.org
http://test1517.org

May 29, 2013 at 8:29 AM  

Post a Comment

<< Home