Brewer v. Marshall, Sheriff

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “That same clear error standard applies to rulings on whether the defendant has made a Batson prima facie case.”
• “because a Batson determination is particularly fact sensitive, it will be accepted unless shown to be clearly erroneous”
• “[District court] has the authority to consider the procedural default issue sua sponte.”
• “cases where defense counsel fails to make a timely objection, the state does not waive the objection, and the appellate decision rested on that ground” constitute “ ‘classic example[s] of a procedural default’ ”
• using “race” and “ethnicity” interchangeably to describe Latino venire members
• requiring objection contemporaneous with challenged peremptory strike

Source: CourtListener parenthetical corpus (CC0).