Issue: (1) Whether, as some courts have held, reviewing courts are required to accord “great deference” to unexplained Batson v. Kentucky rulings where the trial court does not demonstrate on the record that it has evaluated “all of the circumstances that bear upon the issue of discrimination,” or whether, in light of Snyder v. Louisiana and as other courts have held, reviewing courts should not defer to the trial court’s unexplained determination of a Batson objection; (2) whether a reviewing court may defer to a trial court’s Batson ruling where the trial court acknowledges that it is unable to independently evaluate the prosecutor’s contested, demeanor-based explanation and denies a Batson motion by simply accepting the prosecutor’s stated reason after observing that it comports with racial and gender stereotypes the judge believes to be true.
Proceedings and Orders
Aug 30 2013
Application (13A234) to extend the time to file a petition for a writ of certiorari from September 17, 2013 to October 17, 2013, submitted to Justice Kennedy.
Sep 5 2013
Application (13A234) granted by Justice Kennedy extending the time to file until October 17, 2013.
On Monday at 9:30 a.m. we expect orders from the April 24 Conference. We expect one or more opinions in argued cases at 10 a.m. on Wednesday. We will be live-blogging beginning at 9:45.
This is the second week of the April sitting. On Tuesday the Court will hear oral argument in Obergefell v. Hodges, which is consolidated with three other cases, on the questions of whether the Fourteenth Amendment requires that states grant and/or recognize same-sex marriages. We will be live-blogging updates from the oral argument beginning at 11 a.m.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.