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One last, last look at Snyder

By Karl R. Keys, Esq.

Death Watch gently chides us for missing what it views as the central holding of Snyder v. Louisiana, that Batson still applies. The Supreme Court ruled in Snyder v. Louisiana (opinion here, SCOTUSWiki background here) on Wednesday. The Court did not address the ?sexiest? issue in the case; that the prosecutor made reference to OJ Simpson in a case involving a black man tried before an all-white jury. Instead, the decision focused on the State?s use of a peremptory challenge to remove an African-American from the jury pool, and whether the trial court properly ruled that it did so for non-racial reasons. You can read analysis from SCOTUSBlog here. The decision could be said to essentially be a reaffirmation of Batson and Miller-El (see below), with the happy addition of Justices Alito and Roberts on the side of good...continue to full post

Full post as published by Capital Defense Weekly on March 22, 2008 (boomark / email).