Following a remand, must a trial court that is retrospectively analyzing whether a peremptory strike violated Batson's prohibition against discriminatory strikes examine the striking party's jury selection notes, as the Second and Fourth Circuits have done, or may such notes remain secret, as the Ninth Circuit allowed in this case?

QUESTION PRESENTED Following a remand, must a trial court that is retrospectively analyzing whether a peremptory strike violated Batson’s! prohibition against discriminatory strikes examine the striking party’s jury selection notes, as the Second and Fourth Circuits have done, or may such notes remain secret, as the Ninth Circuit allowed in this case? 1 Batson v. Kentucky, 476 U.S. 79 (1986). pretix