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· 4/22/2021

Thompson v. Garland

Citations

  • 994 F.3d 109

How courts have described this case

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

  • holding trial court disregarded presumption of nondiscrimination when it required the defendant to disprove the State’s assertion of discriminatory intent
  • observing that “the genuineness of the explanation is the yardstick with which the trial court will determine whether or not the proffered reason is pretextual.”
  • noting that although Melbourne involved a claim of race-based discrimination in the use of a peremptory challenge, the same procedure applies to claims of gender-based discrimination
  • finding that one relevant circumstance a trial court can consider in determining the genuineness of a strike is whether the strike is “based on a reason equally applicable to an unchallenged juror.”
  • finding that one relevant circumstance a trial court can consider in determining the genuineness of a strike is whether the strike is “based on a reason equally applicable to an unchallenged juror.”
  • finding no genuineness inquiry was conducted when the court mistakenly considered defense counsel’s peremptory strike for cause

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.