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One last look at Snyder

By Karl R. Keys, Esq.

A few passing thoughts on Snyder that I don’t think have received sufficient attention, on the major online sites, wires, lists, etc.. First, Chase Law’s Michael J.Z. Mannheimer hits the most important “take away” from the opinion with this pithy analysis in the comments at the Volokh Conspiracy: First, the case seems to shift the burden of an ambiguous record from the opponent of the strike to the proponent of the strike. That is, where the trial court does not specifically say why it is not convinced that the strike is motivated by discriminatory animus, it seems that the proponent of the strike must now prod the court to do so. If it does not, the proponent bears the risk that a reviewing court will independently view the strike as discriminatory based on the cold record without giving any deference to the trial court’s ability to judge the demeanor of the prospective juror...continue to full post

Full post as published by Capital Defense Weekly on March 19, 2008 (boomark / email).