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Criminal Law

: Underdog

Supreme Court: The Batson-ruling judge need not witness demeanor of stricken juror.

By Marks & Katz, LLC

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By unanimous per curiam decision today, the United States Supreme Court said that where Judge A is present during jury voir dire and Judge B hears a challenge under Batson v. Kentucky, 476 U.S. 79 (1986), in the same trial, Judge B may still overrule the Batson challenge where the prosecutor claims that the potential juror was stricken only based on demeanor, even though Judge B did not have an opportunity to observe the potential juror's demeanor. Thaler v. Haynes, __ U.S. _ (Feb. 22, 2010). 

Full post as published by Underdog on February 22, 2010 (boomark / email).

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