Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.