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22 Apr 2021, 5:13 pm
The Williams court concluded that the removal for cause of this juror was harmless as the prosecution would have used a peremptory strike to remove her from the jury, which brings us to the next question: Do peremptory strikes based on support for Black Lives Matter violate Batson? [read post]
23 Oct 2020, 12:30 pm
Ten years ago, a key witness for the prosecution recanted her testimony. [read post]
23 Oct 2020, 12:30 pm
Ten years ago, a key witness for the prosecution recanted her testimony. [read post]
25 Jun 2020, 8:36 am
”But as Judge Wilkins points out by analogizing to a hearing on an allegation of selective prosecution (dissent pp. 10-11), it's extraordinary to suggest that the Constitution prohibits any judicial hearing at which a court scrutinizes a government actor's motive—let alone the Department's legal “reasoning”! [read post]
19 Oct 2019, 8:09 am
Batson Objection Once a Batson objection is made by the defense, the prosecution must offer a race-neutral reason for exercising the challenge, and the court is not permitted to offer its own suggestion for the challenge. [read post]
Will North Carolina's Supreme Court Allow Racism to Remain a Persistent Factor in its Death Penalty?
23 Aug 2019, 12:15 pm
” There is evidence prosecutors were trained on how to give pre-planned responses to Batson objections regardless of the evidence. [read post]
21 Jun 2019, 10:42 am
” Mississippi Attorney General Jim Hood also issued a statement that left open the possibility that Evans could try Flowers again. [read post]
8 May 2019, 10:30 am
To a gathering of over 500 attorneys, CPAs, and other estate planning professionals, Prof. [read post]
27 Mar 2019, 9:01 pm
In addition to the four Democratic appointees, Justice Brett Kavanaugh pretty clearly signaled that he regards the Flowers prosecution as deeply flawed. [read post]
21 Mar 2019, 6:54 am
” Kavanaugh also asked Davis whether the Mississippi attorney general could (and perhaps should) have decided to prosecute the sixth trial, “preferably in a different county,” which might have removed some of the problems with potential jurors in a small town knowing the victims and the defendant. [read post]
14 Mar 2019, 9:50 am
However, the Supreme Court ruled in Batson v. [read post]
22 Feb 2019, 6:43 am
The Recurring Trouble with Enforcing the Batson Doctrine Writing in this month’s issue of Forbes magazine, trial attorney Brian Jacobs criticizes the U.S. [read post]
5 Dec 2018, 4:28 am
There are only two things I can remember when my co-counsel and I were talking right before jury selection began: he told me only an idiot can’t come up with a viable excuse to beat a Batson challenge, and a few hour later, he lost a reverse Batson challenge. [read post]
9 Dec 2017, 7:30 am
The unusual posture in which Floyd raised his Batson and J. [read post]
21 Dec 2016, 12:42 pm
Maryland criminal defense attorney Anthony A. [read post]
21 Dec 2016, 12:42 pm
Maryland criminal defense attorney Anthony A. [read post]
29 Jul 2016, 3:00 am
Batson Backstory. [read post]
29 Jul 2016, 3:00 am
Batson Backstory. [read post]
2 Jun 2016, 5:49 am
The amicus brief cited a study finding disparate strike rates of African-Americans by prosecutors in North Carolina capital trials, and described a North Carolina training for district attorneys that included a list of justifications to use in defending against Batson challenges. [read post]
2 Jun 2016, 5:49 am
The amicus brief cited a study finding disparate strike rates of African-Americans by prosecutors in North Carolina capital trials, and described a North Carolina training for district attorneys that included a list of justifications to use in defending against Batson challenges. [read post]
