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· 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 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.