Federal Judiciary

Notable Petition

By Akin Gump Supreme Court Practice Group

A notable petition was recently filed involving a claim under Batson v. Kentucky of discriminatory juror strikes.  The petition is linked below, but no brief in opposition has been filed and it has not yet been distributed for a conference.

Title: Cate v. Ali
Docket: 09-894
Issue: On federal habeas review, did the Ninth Circuit fail to comply with the deferential standard of review required by 28 U.S.C. § 2254 when it disregarded the trial court?s factual finding that the prosecutor?s reasons for exercising peremptory challenges were genuine, in favor of its own de novo comparative juror analysis?

• Opinion below (9th Circuit)
• Petition for certiorari

Full post as published by SCOTUSBLOG on February 12, 2010 (boomark / email).