Friday, January 06, 2006

Ninth Circuit Grants Habeas on Botched Batson Challenge

A California trial judge held that robbery defendant Williams made no prima facie case of discrimination when he challenged a prosecutor's peremptory strike of 3 of 4 African-American jurors. The Ninth Circuit disagreed, yesterday, granting habeas relief. The Court held that racial statistical disparity among strikes used gives rise to a sufficient inference of discrimination for a prima facie Batson showing. The ruling can be accessed here.


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