· 7/7/2005
David Green v. Brion D. Travis, Chairman, New York State Division of Parole, Eliot L. Spitzer, Attorney General of the State of New York
Citations
- 414 F.3d 288
- 2005 U.S. App. LEXIS 13464
- 2005 WL 1581265
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the prosecution's attempt to use all of its for-cause and peremptory challenges to strike black and Hispanic jurors established a prima facie case of discrimination under Batson
- holding that the petitioner's claim was not foreclosed because the state appellate court merged the claim preservation issue with the test for a prima facie Batson claim
- holding that habeas relief is foreclosed as procedurally defaulted when a state court rules that a claim is “not preserved for appellate review,” but then rules “in any event” on the merits
- confirming that a potential juror’s “negative feelings about the police” is a race-neutral explanation for a peremptory strike
- considering the prosecutor's very specific list of juror criteria she used in narcotics cases, coupled with her reliance on her contemporaneous notes from voir dire
- upholding peremptory strikes as race-neutral when based on the prosecutor’s explanation that the prospective jurors had relatives who had been convicted of drug offenses
Source: CourtListener parenthetical corpus (CC0).
Judges: Jacobs, Sotomayor, Hall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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