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· 3/26/2024

S.M. v. City of New York

Citations

  • 2024 NY Slip Op 01689

How courts have described this case

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

  • holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted
  • holding that habeas claim not included in petition and never raised by petitioner before the district court as basis for habeas relief is procedurally defaulted
  • finding that if an informant is an active participant in the crime, disclosure is generally required
  • finding the state's reason for excusing black jurors -- that they were suffering from \jury burnout\ -- pretextual given that several white prospective jurors who were not struck also stated that they had previously served on juries
  • first-hand witness or participant in charged crime should be disclosed
  • Batson violation where only justification prosecutor offered for striking three out of four black jurors with prior jury experience was that jurors might be \burned out\ by prior service; at least five white jurors were not stricken although they had previously served on juries

Source: CourtListener parenthetical corpus (CC0).

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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.