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