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...Court of Kentucky, petitioner pressed, among other claims, the argument concerning the prosecutor's use of peremptory challenges. Conceding that Swain v. Alabama, supra, apparently...Court of Kentucky affirmed. In a single paragraph, the court declined petitioner's invitation to adopt the reasoning of People v. Wheeler, supra, and Commonwealth v. Soares...Crowell v. Randell, 10 Pet. 368 (1836).
Even if the equal protection issue had been pressed in the Kentucky...
...SAMOUR does not participate.
Whether a trial court, when conducting remand proceedings under Batson v. Kentucky, 476 U.S.... 79 (1986), and People v. Rodriguez, 2015 CO 55, may consider additional evidence necessary to complete each step of the Batson analysis.
...
21SC505
03-28-2022
The People of the State of Colorado, Petitioner v. Theodore Israel Madrid Respondent...
...members with Hispanic surnames, thereby violating the defendant's equal protection rights (see, Batson v Kentucky, 476 U.S. 79...peremptorily challenge the only three prospective jurors who definitely had Hispanic surnames. Therefore the defendant has made out a prima facie case of discrimination (see, Batson v Kentucky, supra...defendant's prima facie showing (see, Batson v Kentucky, supra, at 96-97). Two of the jurors were dismissed because they had close relatives who had been prosecuted by the District Attorney's office...
...hearing (Batson v. Kentucky, 476 U.S. 79), the hearing court found that the prosecutor's explanations for peremptory challenges of a black...on defendant (Batson v Kentucky, supra, at 97). Defendant did not meet that burden.
Defendant also argued on his initial appeal that his sentence was harsh and excessive. There is no merit to that....
Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Upon remittitur f...
...limited to the following question: Whether the Mississippi Supreme Court erred in how it applied Batson v. Kentucky, 476 U.S. 79...
No. 17–9572.
11-02-2018
Curtis Giovanni FLOWERS, petitioner, v. MISSISSIPPI...
...Batson v. Kentucky, 476 U. S. 79 (1986), the objector must show that it is more likely than not the other party's peremptory challenges, if unexplained...
JOHNSON v. CALIFORNIA.
No. 03-6539.
December 1, 2003.
Sup. Ct...
...peremptory challenges during jury selection in a racially-discriminatory manner in violation of Batson v Kentucky ( 476 U.S. 79). We agree and...reverse.
The racially-motivated use of peremptory challenges violates both the State and Federal Constitutions (see, Batson v Kentucky, 476...U.S. 79, supra; People v Bolling, 79 N.Y.2d 317). The United States Supreme Court, in Batson v Kentucky (supra...
....
Batson v. Kentucky, 476 U.S. 79, 106 S.C...435, to the circuit court to conduct a Batson hearing, after which, the court concluded that the appellant must receive a new trial...
Charles Wayne GORDON v. STATE.
8 Div. 496.
Court of Criminal Appeals of Alabama.
November 15...
...peremptory challenges to exclude three black members of the jury panel (Batson v Kentucky, 476 U.S. 79...
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JACKSON BURNETT, Appellant.
Appellate Division of the Supreme Court of New York, Fourth...; People v Scott, 70 N.Y.2d 420). We have reviewed defendant's remaining contentions and find them to be lacking in merit.
...
...:
"Did the Appellate Court err in determining that the trial court properly denied the defendant's challenge under Batson v. Kentucky, 476...
12-14-2017
STATE of Connecticut v. Evan Jaron HOLMES
Alan J. Black, in...
...- Batson case (Batson v. Kentucky, 476 U.S. 79), defendant is entitled to any benefits which might flow therefrom...(see, Griffith v. Kentucky, 479 U.S. 314). Under the Batson rule, the prosecutor's reasons for exercising peremptory challenges need not rise to the level...justifying exercise of a "challenge for cause", but need only be "`clear and reasonably specific'" (Batson v. Kentucky, supra, at 97, 98, n 20). Upon our view of the record, the prosecutor met his...
....).
Defendant's application made pursuant to Batson v. Kentucky ( 476 U.S. 79) was properly deni...
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS BRACERO, Appellant.
Appellate Division of the Supreme Court of New York, First...disturb them ( People v. Hernandez, 75 N.Y.2d 350, affd 500 U.S. 352).
Concur — Rosenberger, J.P., Wi...
....).
Ordered that the judgment is affirmed
There was no violation of Batson v. Kentucky ( ...
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT ROSE, Appellant.
Appellate Division of the Supreme Court of New York, Second...case ( see, People v. Durant, 250 A.D.2d 698).
Moreover, contrary to the defendant's claim, the sentence imposed was not...
....
Granted. The case is remanded for a hearing as required by ...
STATE OF LOUISIANA v. DANIEL McCLINTON.
No. 86-K-1868.
Supreme Court of Louisiana.
March 13...
..., third degree theft, and possession of a stolen vehicle. He contends, and the State concedes, that his jury selection violated Batson v. Kentucky, 476...
No. 76342-3-I
03-12-2018
STATE OF WASHINGTON, Respondent, v. JEFFREY HAWTHORNE, JR., Appellant...
...discriminatory manner contrary to the principles mandated by the United States Supreme Court in Batson v. Kentucky, 476 U.S. 79...
...(see, Batson v. Kentucky, 476 U.S. 79). Although Batson v. Kentucky (supra), was not yet decided when this case was tried, it mus...(Griffith v Kentucky, 479 US ___, 107 S Ct 708). Accordingly, the matter is remitted for an evidentiary...
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD HOWARD, Appellant.
Appellate Division of the Supreme Court of New York, Second...
...alleged racial discrimination in prosecutor's use of peremptory challenges in violation of Batson v. Kentucky, ___ U.S...
STATE OF LOUISIANA v. ROBERT T. YOUNG.
No. 86-KK-2137.
Supreme Court of Louisiana.
October 30...
...in People v. Liguori ( 149 A.D.2d 624 [decided herewith]), even if we were to assume that the rule of Batson v Kentucky ( ...his codefendant Liguori, has standing to raise a Batson claim similar to that advanced by Liguori on his appeal (see, Batson v Kentucky, supra, at 96; cf., United States v.... Townsley, 843 F.2d 1070 [holding white codefendant may raise Batson issue based on...
..., 1996, the Petition for Allowance of Appeal is hereby GRANTED, and oral argument is limited to the issue of whether Batson v. Kentucky, 476 U.S...
COMMONWEALTH of Pennsylvania, Petitioner, v. Joseph RICO, Respondent.
Supreme Court of Pennsylvania.
March 18, 1996...