No. 20-5685

Ruben Sanchez v. Steven Silva, et al.

Lower Court: First Circuit
Docketed: 2020-09-14
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky equal-protection fourteenth-amendment jury-selection peremptory-challenge pretext racial-discrimination standard-of-review
Key Terms:
AdministrativeLaw DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Whether the prosecutor's peremptory challenge of Hispanic prospective jurors was justified

Question Presented (OCR Extract)

QUESTIONS PRESENTED : (1) Whether, in an analysis under Batson v Kentucky, 476 U.S. 79 (1986), the prosecutor's peremptory challenge of Hispanic prospective jurors was justified where (a) the racially-neutral justification was the young age, maturity and/or education of the prospective juror(s), and (b) other non-Hispanic jurors of similar age and of egual or lesser academic accomplishments were not challenged; and whether these facts rendered the prosecutor's justification to be likely false, inconsistent and pretextual, thereby violating clearly established Federal law as articulated by the Supreme Court of the United States. (2) Whether the trial ‘judge erred when upholding the prosecutor's exclusion of these Hispanic prospective jurors by mistaking the prosecutor's "arbitrary" use of age as permissible because he relied on misplaced guidance from "Contra-Batson" dissenters rather than on the mandate of the U.S. Supreme Court as decided under Batson itself. . (3) Whether the Massachusetts Appeals Court characterization ef the trial judge's ruling as "harmless error" violated the dictates of Batson by failing to require that the trial judge “consider all the relevant circumstances" when evaluating a . prosecutor's permptory challenge. (4) Whether the prosecutor's peremptory challenges of Hispanic prospective jurors caused at least one such juror to be stricken in violation of the Equal Protection Clause of the Fourteenth Amendment. i , : ;

Docket Entries

2020-10-13
Petition DENIED.
2020-09-24
DISTRIBUTED for Conference of 10/9/2020.
2020-09-17
Waiver of right of respondents Stephen Silva, et al. to respond filed.
2020-09-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 14, 2020)

Attorneys

Ruben Sanchez
Ruben Sanchez — Petitioner
Ruben Sanchez — Petitioner
Stephen Silva, et al.
Susanne G. ReardonMassachusetts Attorney General's Office, Respondent
Susanne G. ReardonMassachusetts Attorney General's Office, Respondent