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· 4/20/2007

Dwayne Coulter v. Terry McCann Warden

Citations

  • 484 F.3d 459
  • 2007 U.S. App. LEXIS 9123
  • 2007 WL 1160168

How courts have described this case

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

  • holding that post-writ proceedings in state court can confirm that no constitutional violation occurred in the first place
  • holding that post- writ proceedings in state court can confirm that no constitu- tional violation occurred in the first place
  • noting that at step three the court weighs the evidence to determine if the non-dis- criminatory reason is credible, including consideration of similarly-situated jurors permitted to serve.
  • denying habeas relief under Batson and Miller-El II where prosecution used 90% of its strikes against African-American jurors
  • reiterating the established principle that when defense counsel claims that prosecu- tors have used a peremptory strike for an impermissible reason, it is necessary to show a “similarly situated venireperson” who was not struck
  • reiterating the established principle that when defense counsel claims that prosecutors have used a peremptory strike for an impermissible reason, it is necessary Nos. 06-3517 & 06-3528 23 to show a “similarly situated venireperson” who was not struck

Source: CourtListener parenthetical corpus (CC0).

Judges: Rovner, Wood, Evans

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.