· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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