A notable petition was recently filed involving a claim under Batson v. Kentucky of discriminatory juror strikes. 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
Docket: 09-894
Issue: On federal habeas review, did the Ninth Circuit fail to comply with the deferential standard of review required by 28 U.S.C. § 2254 when it disregarded the trial court’s factual finding that the prosecutor’s reasons for exercising peremptory challenges were genuine, in favor of its own de novo comparative juror analysis?
- Opinion below (9th Circuit)
- Petition for certiorari