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Fifth Circuit grants relief

By Karl R. Keys, Esq.

The Fifth Circuit has granted relief in Anthony Cardell Haynes v. Quarterman,  No. 07-70004, on a Batson/Miller-El claim.  In getting to the grant of relief the Haynes panel looks at appellate fact finding and deference under AEDPA (this is a must read for federal habeas types).  From the core holding of that opinion: In this case, the trial court and the state appellate court did not conduct a ?factual inquiry? or a ?sensitive? inquiry into the demeanor-based reasons because neither court applied the relevant observations of the juror?s demeanor despite the trial court?s role and experience overseeing the individual voir dire. The state appellate court in this case found that both the trial judge and the appellate court made their Batson determinations from the same appellate factfinding position, i...continue to full post

Full post as published by Capital Defense Weekly on March 12, 2009 (boomark / email).