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Ninth Circuit· 9/4/2008

Paulino v. Harrison

Citations

  • 542 F.3d 692
  • 2008 U.S. App. LEXIS 18860
  • 2008 WL 4070694

How courts have described this case

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

  • holding that even if prosecutor fails to come forward with step-two reason, trial court must complete step three
  • concluding that the state’s mere speculation about its race-neutral reasons without any recollection or record from the prosecutor failed Batson’s second step
  • stating that at step two of a Batson analysis, the prosecutor’s speculation was not circumstantial evidence of her actual reasons for striking African-Americans
  • stating that “purposeful discrimination” raises a question of fact
  • ordering evidentiary hearing where record does not disclose prosecutor's reasons for peremptory strike
  • “Evidence of a prosecutor’s actual reasons may be direct or eircum stantial, but mere speculation is insufficient.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Paez, Rawlinson, Conlon

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

29 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Paulino v. Harrison

1 other CourtListener record shares this case name.

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.