· 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).
Sourced from CourtListener / Free Law Project (CC0).
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