Batson Challenge - Judgments

Jun 13 2005 (FN)

Miller-el Vs. Dretke

Court: US Supreme Court

Decided on: Jun-13-2005

..... give if any facially neutral reason sufficed to answer a batson challenge then batson would not amount to much more than swain some stated ..... 511 583 589 examining judicial decisions and concluding that few batson challenges succeed note batson v kentucky and j e b v alabama ex rel ..... or fall on the plausibility of the reasons he gives a batson challenge does not call for a mere exercise in thinking up .....

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Apr 01 1991 (FN)

Powers Vs. Ohio

Court: US Supreme Court

Decided on: Apr-01-1991

..... objecting defendant and the excluded jurors does not constitute a relevant precondition for a batson challenge and would in fact contravene the substantive guarantees of the equal protection clause and ..... protection analysis the race of the objecting defendant constitutes a relevant precondition for a batson challenge because powers is white the state argues he cannot object to the exclusion of .....

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Mar 19 2008 (FN)

Snyder Vs. Louisiana

Court: US Supreme Court

Decided on: Mar-19-2008

..... suggested that a reviewing court should defer to a trial court s resolution of a batson challenge only if the trial court made specific findings with respect to each of the prosecutor ..... proffered neutral reasons immediately after argument on the nervousness point the judge ruled on the batson challenge even interrupting the prosecutor to do so mr vasquez his main problem yesterday was the .....

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Feb 25 2003 (FN)

Miller-el Vs. Cockrell

Court: US Supreme Court

Decided on: Feb-25-2003

..... penalty were so clearly ambivalent that she is not even the subject of petitioner s batson challenge and fields family history of criminality and views on rehabilitation as earlier discussed supra at ..... and served time in prison by asserting race neutral reasons for the challenges the state satisfied step two of batson see purkett v elem 514 u s 765 767 768 1995 per .....

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May 28 1991 (FN)

Hernandez Vs. New York

Court: US Supreme Court

Decided on: May-28-1991

..... the court therefore errs when it concludes that a defendant s batson challenge fails whenever the prosecutor advances a nonpretextual justification that is not ..... to the level of a page 500 u s 363 challenge for cause batson 476 u s at 476 u s 97 the fact ..... intended to discriminate on the basis of race in challenging potential jurors is as batson recognized a question of historical fact petitioner also .....

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Feb 22 2010 (FN)

Thaler Vs. Haynes

Court: US Supreme Court

Decided on: Feb-22-2010

..... voir dire cannot as a matter of law fairly evaluate a batson challenge id at 173 the court of criminal appeals wrote there are ..... engage in a proper adjudication of the defendant s demeanor based batson challenge as to prospective juror owens because we will be relying solely ..... that a judge in ruling on an objection to a peremptory challenge under batson v kentucky 476 u s 79 1986 must reject a .....

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Jan 18 2006 (FN)

Rice Vs. Collins

Court: US Supreme Court

Decided on: Jan-18-2006

..... petition if it was unreasonable to credit the prosecutor s race neutral explanations for the batson challenge pp 3 4 b though the ninth circuit recited the proper standard of review it ..... petition if it was unreasonable to credit the prosecutor s race neutral explanations for the batson challenge state court factual findings moreover are presumed correct the petitioner has the burden of rebutting .....

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May 15 1995 (FN)

Purkett Vs. Elem

Court: US Supreme Court

Decided on: May-15-1995

..... must give a clear and reasonably specific explanation of his legitimate reasons for exercising the challenges batson supra at 98 n 20 quoting texas dept of community affairs v burdine 450 u ..... the court of appeals erred in its evaluation of respondent s batson claim under batson once the opponent of a peremptory challenge has made out a prima facie racial discrimination case step one .....

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Jun 18 1992 (FN)

Georgia Vs. Mccollum

Court: US Supreme Court

Decided on: Jun-18-1992

..... barriers are no less formidable in this context see note discrimination by the defense peremptory challenges after batson v kentucky 88 colum l rev 355 367 1988 underwood 92 colum l rev ..... my general dissatisfaction with our continuing attempts to use the constitution to regulate peremptory challenges see e g batson v kentucky 476 u s 79 1986 powers v ohio 499 u s .....

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Apr 19 1994 (FN)

J. E. B. Vs. Alabama Ex Rel. T. B.

Court: US Supreme Court

Decided on: Apr-19-1994

..... alabama 380 u s 202 212 220 1965 tracing the very old credentials of peremptory challenges batson supra at 118 120 burger c j dissenting post at 161 162 scalia j dissenting ..... justice o connor s concurring opinion recognizes several of the costs associated with extending batson to genderbased peremptory challenges lengthier trials an increase in the number and complexity of appeals addressing jury .....

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