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· 1/9/2009

Dolphy v. Mantello

Citations

  • 552 F.3d 236
  • 2009 U.S. App. LEXIS 193
  • 2009 WL 50496

How courts have described this case

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

  • holding that trial court failed to properly apply Batson because, even though prosecution had offered a facially race-neutral justification, \it rested precariously on an intuited correlation between body fat and sympathy for person accused of crimes\
  • remanding for adjudication of Batson challenge on the merits where trial court simply stated that the reason for the strike was race neutral, thereby failing to indicate that it credited the inherently suspect explanation that juror was struck based on obesity
  • a court “applying the third Batson prong need not recite a particular formula of words or mantra”
  • “If the federal claim was not adjudicated on the merits, ‘AEDPA deference is not required, and conclusions of law and mixed findings of fact and conclusions of law are reviewed de novo.’”
  • “[I]f the passage of time has made such a determination [of the prosecutor’s state of mind at the time of jury selection] impossible or unsatisfactory, the district court may grant the [habeas] writ contingent on the state granting [the defendant] a new trial.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Hall, Arcara

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.