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Parker: No Purposeful Discrimination in Peremptory Strikes

By Tim Cone

In Parker v. Allen, No. 05-16907 (April 20, 2009), the Court affirmed the denial of habeas relief to an Alabama inmate convicted of a 1988 murder.The Court rejected Parker?s Batson challenge to the peremptory strikes used against black venirepersons. The Court noted that the Alabama courts had considered this claim, and found no error in a finding of an absence of "purposeful discrimination."The Court also rejected Parker?s argument based on the prosecutor?s improper vouching for prosecution witnesses in closing arguments. The Court noted that the Alabama courts had found the improper vouching occurred, but that this vouching did not materially affect the trial. This conclusion was not unreasonable.The Court also found that the Alabama courts were not unreasonable in rejecting Parker?s Brady claim...continue to full post

Full post as published by Defense Newsletter Blog on April 20, 2009 (boomark / email).