NIBCO, Inc. v. RiveraPetition for certiorari denied on January 10, 2010
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|10-383||9th Cir.||N/A||N/A||N/A||N/A||OT 2009|
Issue: (1) Whether a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, even though the comparative analysis was neither raised before nor considered by the trial court below; and (2) whether a court of appeals that identifies a suspected Batson problem based on a comparative juror analysis never considered by the trial court can vitiate a trial without remanding to allow the trial court to consider the new arguments and evidence in the first instance.