on Feb 12, 2010 at 12:37 pm
A notable petition was recently filed involving a claim under Batson v. Kentucky of discriminatory juror strikes.Â The petition is linked below, but no brief in opposition has been filed and it has not yet been distributed for a conference.
Title: Cate v. Ali
Issue: On federal habeas review, did the Ninth Circuit fail to comply with the deferential standard of review required by 28 U.S.C. Â§ 2254 when it disregarded the trial courtâ€™s factual finding that the prosecutorâ€™s reasons for exercising peremptory challenges were genuine, in favor of its own de novo comparative juror analysis?