· 4/17/2024
Estate of Smeenk
Citations
- 2024 S.D. 23
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court is not required to accept a race neutral explanation that is not supported by the record
- recognizing that a new trial may be appropriate in lieu of a reconstruction hearing depending on “the passage of time” (citation omitted)
- holding that evidence was not material because its exculpatory nature was too speculative
- finding that this comparison “is relevant to determining whether the prosecution’s asserted justification for striking the black juror is pretextual”
- reiterating that a prosecutor’s failure to recall his reason for exercising a peremptory strike does not constitute a race-neutral explanation
- stating that, although Batson-related credibility findings receive great deference, “this does not signify that [appellate] review is a nullity”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mark E. Salter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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