No. 18-6802

Patrick Kitlas v. F. B. Haws, Warden

Lower Court: Ninth Circuit
Docketed: 2018-11-26
Status: Denied
Type: IFP
IFP
Tags: actual-reason actual-reasons batson-challenge batson-v-kentucky due-process equal-protection evidentiary-hearing jury-selection ninth-circuit peremptory-strike prosecutor-reasons prosecutorial-discretion racial-discrimination
Key Terms:
DueProcess
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Does the Ninth circuit's affirmance of the denial conflict with this Court's actual reason requirement?

Question Presented (OCR Extract)

QUESTION PRESENTED Batson v. Kentucky, 476 U.S. 79 (1986) requires prosecutors to provide their actual reasons for striking jurors. The prosecutor here provided reasons for her strike at an evidentiary hearing held seven years after trial. Despite reviewing her notes and the voir dire transcript, she had no actual memory from the trial. Instead, she offered an “opinion” for why she struck the juror. The federal district court accepted the opinion and denied Kitlas’s Batson claim. Does the Ninth circuit’s affirmance of the denial conflict with this Court’s actual reason requirement? i

Docket Entries

2019-02-19
Petition DENIED.
2019-01-10
DISTRIBUTED for Conference of 2/15/2019.
2018-11-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 26, 2018)

Attorneys

Patrick James Kitlas
Andrea Arisa YamsuanOffice of the Federal Public Defender, Petitioner
Andrea Arisa YamsuanOffice of the Federal Public Defender, Petitioner