· 6/14/2013
Mario Aleman v. Domingo Uribe, Jr., Warden
Citations
- 723 F.3d 976
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming a finding of no purposeful discrimination where the prosecutor honestly but mistakenly attributed a troublesome comment by another juror to a Hispanic juror
- no purposeful discrimination where “the trial court conducted a thorough review of the record and twice assessed the prosecutor’s credibility”
- “[I]f a prosecutor makes a mistake in good faith, . . . then that mistake does not support the conclusion that the prosecutor’s explanation is clearly not credible.”
- “[I]f a prosecutor makes a mistake in good faith, such as an innocent transposition of juror information, then that mistake does not support the conclusion that the prosecutor’s explanation is clearly not credible.”
- “To determine if a prosecutor’s mistake undermines his or her credibility, we must consider whether, based on the facts of the case, the mistake indicates purposeful discrimination instead of innocent error. See Mitleider v. Hall, 391 F.3d 1039, 1049 (9th Cir. 2004
- “Batson prohibits 17 purposeful discrimination, not honest, unintentional mistakes.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wardlaw, Gould, Wolf
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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