Search for: "Prosecuting Attorney Batson"
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4 Aug 2008, 7:06 pm
Kaylo, No. 07-30024 Denial of a habeas corpus petition alleging that state prosecutors had committed Brady violations is reversed where the prosecution had withheld material impeachment evidence during defendant's manslaughter trial. [read post]
21 Jul 2008, 9:14 pm
Vaughn, No. 04-1623 Grant of a writ of habeas corpus on the grounds of ineffective assistance of counsel is affirmed in part and reversed in part where: 1) defendant was prejudiced by his attorney's failure to object to evidence relating to a racketeering charge; and 2) the evidence was independently admissible to prove the remaining charges against defendant, and he was therefore not prejudiced with respect to some charges. [read post]
10 Jun 2008, 2:36 pm
Thompson, No. 05-5255 In a prosecution for various offenses related to a narcotics trafficking conspiracy and use of firearms in connection therewith, defendants' conviction is affirmed over challenges regarding: 1) the seating of the jury and a reverse-Batson challenge; 2) the sufficiency of evidence; 3) the introduction of a tape recording of an attempted crack sale; 4) an evidentiary ruling; and 5) the government's alleged withholding of Brady material. [read post]
10 Jun 2008, 2:02 pm
Mason, No. 06-1213 "In an attorney malpractice suit, summary judgment for attorney-defendants is vacated and remanded where the district judge appeared to have focused unnecessarily on the issue of negligence while failing to address the element of causation. [read post]
27 May 2008, 9:50 am
Haberlin, No. 05-5591 Dismissal of a habeas petition raising Batson challenges to the prosecution's exercise of its peremptory strikes as race-based is vacated and the case remanded where the trial court was in a better position, not the appellate court, to consider newly discovered video evidence providing direct information about the prosecution's state of mind as part of the Batson fact-finding process. [read post]
25 May 2008, 1:59 am
Yesterday evening the missus and I had dinner with a friend from our college days, Houston attorney Danalynn Recer, founder of the Gulf Regional Advocacy Center. [read post]
22 May 2008, 7:32 am
In jury selection, the defendant challenged the state's use of its peremptory challenges as being motivated by race under Batson v. [read post]
13 May 2008, 1:56 pm
Cox, No. 07-1103 In an action alleging vindictive prosecution against Michigan's Attorney General, a state Supreme Court Justice, and the state's Secretary of State, as well as others in the AG's office, dismissal of plaintiffs' claims and imposition of sanctions against them are affirmed where: 1) because the issues raised in a state court were substantially the same as those raised in the district court, because those interests implicated important state… [read post]
13 May 2008, 1:35 pm
Cox, No. 07-1103 In an action alleging vindictive prosecution against Michigan's Attorney General, a state Supreme Court Justice, and the state's Secretary of State, as well as others in the AG's office, dismissal of plaintiffs' claims and imposition of sanctions against them are affirmed where: 1) because the issues raised in a state court were substantially the same as those raised in the district court, because those interests implicated important state… [read post]
29 Apr 2008, 7:13 am
Louisiana, 128 S.Ct. 1203 (2008), petitioner is entitled to a COA in connection with his Batson claims in respect to two potential jurors. [read post]
25 Mar 2008, 1:09 pm
Louisiana, No. 06-10119 A Louisiana conviction for first-degree murder and death sentence is reversed where the trial judge committed clear error in its ruling on an objection to the prosecution's strike of a black juror during voir dire, in violation of Batson v. [read post]
24 Mar 2008, 4:47 am
The case for before the Supreme Court dealt with a decision of the Louisiana Supreme Court to reject Snyder's claim that the prosecution violated Batson v. [read post]
23 Mar 2008, 2:15 am
Knowing the difficulty with proving a Batson claim and the dislike of some on the Court for peremptory challenges, this decision appears to emphasize the need for judges to be more than just courtroom decorations and take an active role in the jury selection process to include holding attorneys accountable when they improperly exercise their challenges. [read post]
20 Mar 2008, 9:00 pm
We discuss the prosecution's two proffered grounds for striking Mr. [read post]
20 Mar 2008, 8:55 am
More on Batson v. [read post]
20 Mar 2008, 6:41 am
The Supreme Court's approach (generically known by the name of the founding case, Batson) depends on the racist attorney being dishonest with the Court but only carelessly so. [read post]
19 Mar 2008, 4:06 pm
We have not previously applied this rule in a Batson case, and we need not decide here whether that standard governs in this context. [read post]
19 Mar 2008, 1:42 pm
Attorneys who have litigated Batson motions, as I have, no doubt will remark on the quick certainty with which the Court concluded that there had been a sufficient showing that the state acted "in substantial part by discriminatory intent" (pp. 12-13) simply by comparing the treatment of the student teacher with that of 2 white veniremen.The Court left unsaid what well may be a prime source of that quick certainty: Snyder had come to be known as the O.J.… [read post]
11 Mar 2008, 8:46 am
Branker, No. 07-8 Denial of habeas petition challenging convictions for the murder of a state trooper and a deputy sheriff is affirmed where: 1) the Supreme Court of North Carolina did not unreasonably apply the clearly established federal law of Batson v. [read post]
11 Feb 2008, 8:08 am
To view these cases distributed by Findlaw.com you must first sign in to Findlaw.com. [read post]
