No. 19-7108

Devell Moore v. Robert LeGrand, Warden, et al.

Lower Court: Ninth Circuit
Docketed: 2019-12-31
Status: Denied
Type: IFP
IFP
Tags: batson-challenge batson-v-kentucky equal-protection fair-trial jury-selection ninth-circuit peremptory-challenges purkett-v-elem trial-procedure
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2020-02-28
Question Presented (AI Summary)

Whether the Ninth Circuit erred in denying a Certificate of Appealability on Moore's claim he was denied equal protection of the law, and a fair trial, where the prosecution used its peremptory challenges to exclude two minority women from serving on Moore's jury—one because she had a brother who had been in trouble with the law and the other because she was 'gullible'—in violation of Batson v. Kentucky, 476 U.S. 79 (1986), and where the trial court failed to perform the required three-step analysis under Purkett v. Elem, 514 U.S. 765 (1995)

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the Ninth Circuit erred in denying a Certificate of Appealability on Moore’s claim he was denied equal protection of the law, and a fair trial, where the prosecution used its peremptory challenges to exclude two minority women from serving on Moore’s jury—one because she had a brother who had been in trouble with the law and the other because she was “gullible’—in violation of Batson v. Kentucky, 476 U.S. 79 (1986), and where the trial court failed to perform the required three-step analysis under Purkett v. Elem, 514 U.S. 765 (1995). i

Docket Entries

2020-03-02
Petition DENIED.
2020-02-13
DISTRIBUTED for Conference of 2/28/2020.
2019-12-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 30, 2020)

Attorneys

Devell Moore
Courtney Brooke KirschnerFederal Public Defender, District of Nevada, Petitioner
Courtney Brooke KirschnerFederal Public Defender, District of Nevada, Petitioner