· 2/8/2005
Curtis Brinson v. Donald Vaughn the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania
Citations
- 398 F.3d 225
- 2005 U.S. App. LEXIS 1985
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that extraordinary circumstances have been found where petitioner has timely asserted his rights mistakenly in the wrong forum
- stating that extraordinary circumstances have been found where petitioner has timely asserted his rights mistakenly in the wrong forum
- finding that state court unreasonably applied Batson to reject claim of discriminatory strikes where “the trial judge did not follow the three-step process outlined in Batson,” including by “not call[ing] upon the prosecutor to state his reasons for the contested strikes”
- remanding for an evidentiary hearing and de novo review where the state court’s failure to proceed to step two was contrary to Batson
- state court clearly wrong in holding the fact the victim, perpetrator, and witness were all African-American precluded a finding of prima facie racial discrimination
- equitable tolling justified where a “court has misled a party regarding the steps that the party needs to take to preserve a claim”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Alito, Ambro
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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