· 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 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.