· 9/6/2005
United States v. Osbaldo Esparza-Gonzalez
Citations
- 422 F.3d 897
- 2005 U.S. App. LEXIS 19209
- 2005 WL 2127824
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that it is \relevant for the court to consider the differing treatment of similarly situated potential jurors\
- stating that it is “relevant for the court to consider the differing treatment of similarly situated potential jurors”
- stating that the racial element inherent in a trial is a fact “that should also be considered when evaluating whether the totality of the circumstances gives rise to an inference of discriminatory intent”
- engaging, on direct review, in comparative juror analysis to hold that the defendant established a prima facie case of intentional unlaw- ful discrimination
- prosecutor's waiver of peremptory challenge that, given selection method, affected racial composition of jury may be weighed in Batson challenge
- “[E]nhancements based on prior convictions need not be proven beyond a reasonable doubt [to] a jury or admitted by the defendant to satisfy the Sixth Amendment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Fletcher, Fisher
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.