Whether mere statistics are sufficient to demonstrate a prima facie case of discrimination

QUESTIONS PRESENTED 1. Whether “mere statistics” are sufficient to demonstrate a prima facie case of discrimination under Batson v. Kentucky, 475 U.S. 79 (1986) and Johnson v. California, 545 U.S. 162 (2005), and whether Mr. Turner demonstrated a prima facie case of discrimination in this case requiring appellate relief. 2. Whether a court reviewing comparative juror analysis presented to demonstrate purposeful decimation under Batson may consider reasons distinguishing stricken jurors from those accepted by the prosecutor when the distinguishing factor was not cited in the trial court as a basis for the prosecutor’s decision. 3. Whether the evidence in the appellate record, including the prosecutor’s disparate strike pattern, failure to question stricken jurors about the issue relied on to explain their removal, disparate questioning of black and white jurors, mischaracterization of juror’s responses, evidence of pretext in justifications for removing other black jurors, and comparative juror analysis showing the implausibility of the prosecutor’s proffered reasons for striking three black panelists, demonstrated purposeful discrimination requiring appellate relief under Batson. i