No. 20-5036

Jermond Perry v. Jeffrey Woods, Warden

Lower Court: Sixth Circuit
Docketed: 2020-07-20
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky equal-protection habeas-corpus jury-selection peremptory-challenges peremptory-strikes racial-discrimination sixth-amendment
Key Terms:
HabeasCorpus
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Was counsel's objection at the moment the pattern emerged sufficient to warrant a full Batson inquiry with respect to all strikes in the alleged pattern?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ‘ A. INTRODUCTION In this case, the presecutor used consecutive peremptory challenges to remove three African American jurors during the jury selection Process of petitioner's trial. After the dismissal of the third African American female ( Ms. Holley}, counsel ebjected pursuant to Batson v Kentucky, 476 U.S. 79 (1956), : arguing that the prosecutor had engaged in a pattern of discriminatory strikes. Every court to address the Batson issue below, from the trial court, to the Michigan Court of Appeals, Federal District Court sitting on habeas review, and the Sixth Circuit Court of Appeals all confined the Batson inguiry to Ms. Holley. In doing so, the courts accepted the prosecutor's race-neutral explanation for striking Ms. Holley --without even considering whether the explanation was credible in the face of the pattern of strikes. , The Questions Are: I. Was counsel's objection at the moment the pattern emerged sufficient to warrant @ full Batson inquiry withrespect to all strikes in the alleged pattern? IIT. When a court allows earlier peremptory challenges in a pattern of strikes to stand without taking remedial action; does it potentially endorse purposeful discrimination contrary to Batson? (I). t a se *

Docket Entries

2020-10-05
Petition DENIED.
2020-08-13
DISTRIBUTED for Conference of 9/29/2020.
2020-08-11
Waiver of right of respondent Jeffrey Woods, Warden to respond filed.
2020-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 19, 2020)

Attorneys

Jeffrey Woods, Warden
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Fadwa A. HammoudMichigan Department of Attorney General, Respondent
Jermond Perry
Jermond Perry — Petitioner
Jermond Perry — Petitioner