· 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).
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.