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· 7/9/2002

George Overton v. James Newton, Superintendent of the Watertown Correctional Facility

Citations

  • 295 F.3d 270
  • 2002 U.S. App. LEXIS 13650
  • 2002 WL 1466827

How courts have described this case

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

  • holding the Supreme Court precedents on racially discriminatory use of peremptory challenges “must be read as not only prohibiting certain specific actions, but also as creating a broad standard or principle that the courts must, in reason, follow”
  • denying habeas when prosecutor struck seven of ten qualified Blacks in the first two rounds, including all five Blacks in the second round
  • remanding for reconsideration district court’s habeas decision that relied on precedent from the court of appeals in light of “the more general teachings” of Supreme Court decisions
  • expressing no view of what the court’s decision would have been if defendant “had renewed his claim once jury selection was completed or even when the record was fully established.”
  • once trial court performs its fact-finding, it must decide, as matter of law, whether prima facie case of discrimination has been established
  • “[W]e have no doubt that statistics, alone and without more, can, in appropriate circumstances, be sufficient to establish the requisite pri-ma facie showing under Batson.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leval, Calabresi, Stein

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.