· 3/4/2009
McGahee v. Alabama Department of Corrections
Citations
- 560 F.3d 1252
- 2009 U.S. App. LEXIS 14143
- 2009 WL 530771
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “record … compels a finding that the State’s use of a peremptory strike in this case … constituted intentional discrimination”
- holding that the Alabama Court of Criminal Appeals unreasonably applied federal law that was clearly established in Batson when it failed to consider all relevant circumstances at Batson’s third step
- holding that “the fact that 100% of the African-American potential jurors were ... removed by the prosecution through the challenges for cause and peremptory challenges” is relevant to a Batson determination
- noting that “[a]t the time McGahee was tried, Dallas County, Alabama was fifty-five percent African-American” but his jury was all white
- noting that the prosecution's strike of multiple jurors for \low intelligence\ \was unsupported by any evidence in the record\
- observing that in the context of AEDPA review, the court should “look through” a summary decision to the “last reasoned decision” on the issue
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Marcus, Anderson
Read full opinion on CourtListenerSourced 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.