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: Capital Defense Weekly

email edition now available

By Karl R. Keys, Esq.

This week’s email edition is now available: The Supreme Court’s holding in Snyder v. Louisiana dominates this issue. The core holding of Snyder is a ” straightforward application ” and reaffirmation of Batson and Miller-El with Justices Alito and Roberts joining the Miller-El majority. Several other fine points, however, deserve mention. First, the opinion suggests that the burden of an ambiguous record, where a the requisite initial showing is made, is on the proponent of the strike. Second, this isn’t an AEDPA case, however, the Court repeatedly hints it will be using Snyder to measure future Batson claims.. Finally, rather than contracting Batson as some commentators had feared, the majority may be seeking to expand Batson to a mixed motive analysis (see, e...continue to full post

Full post as published by Capital Defense Weekly on March 23, 2008 (boomark / email).