No. 18-8692

Jerry Adams, Jr. v. Robert Neuschmid, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2019-04-03
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: 28-usc-2254 appellate-review batson-challenge batson-claim equal-protection habeas-corpus jury-selection prosecutorial-discretion racial-discrimination standard-of-review state-court-review
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2019-10-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the Ninth Circuit properly applied 28 U.S.C. § 2254(d) to a Batson claim when the California courts' decisions relied upon legal principles inconsistent with this Court's Batson jurisprudence

Question Presented (from Petition)

QUESTION PRESENTED After the prosecutor admitted misrepresenting her actual reasons for striking a prospective juror, the trial judge was “troubled by” some of the prosecutor’s reasons and found all of them implausible under an “objective standard” but denied a Batson objection because “I don’t even really get to apply the objective standard.” The state appellate court affirmed by considering only the evidence supporting the ruling and disregarding any contrary evidence instead of the “totality of the relevant facts,” failed to shift the burden to the State in light of the prosecutor’s admitted dissembling about strikes, refused to factor in the prosecutor’s disparately aggressive questioning of one African-American juror, dismissed the prosecutor’s disparate application of her purported criteria for striking jurors because no two were identical, and without considering the persuasiveness of the prosecutor’s justifications. The question is: Whether the Ninth Circuit properly applied 28 U.S.C. § 2254(d) toa Batson claim when the California courts’ decisions relied upon legal principles inconsistent with this Court’s Batson jurisprudence.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-08
DISTRIBUTED for Conference of 10/1/2019.
2019-08-07
Reply of petitioner Jerry Adams, Jr. filed. (Distributed)
2019-07-19
Brief of respondent Robert Neuschmid, Acting Warden in opposition filed.
2019-06-14
Motion to extend the time to file a response is granted and the time is extended to and including July 22, 2019.
2019-06-10
Motion to extend the time to file a response from June 20, 2019 to July 22, 2019, submitted to The Clerk.
2019-05-21
Response Requested. (Due June 20, 2019)
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2019)
2019-02-21
Application (18A843) granted by Justice Kagan extending the time to file until March 29, 2019.
2019-02-15
Application (18A843) to extend the time to file a petition for a writ of certiorari from February 27, 2019 to March 29, 2019, submitted to Justice Kagan.

Attorneys

Jerry Adams, Jr.
Tarik S. AdlaiLaw Offices of Tarik S. Adlai, Petitioner
Tarik S. AdlaiLaw Offices of Tarik S. Adlai, Petitioner
Robert Neuschmid, Acting Warden
Christopher P. BeesleyOffice of the Atty. Gen. of the State of CA, Respondent
Christopher P. BeesleyOffice of the Atty. Gen. of the State of CA, Respondent