No. 21-6245

Robin Moore v. James David Green, Warden

Lower Court: Sixth Circuit
Docketed: 2021-11-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge civil-rights due-process fair-trial jury-selection peremptory-challenges peremptory-strike racial-discrimination
Key Terms:
HabeasCorpus
Latest Conference: 2021-12-10
Question Presented (AI Summary)

Whether the (Court's) failure to specifically find that the prosecution had made a preliminary showing of racial discrimination when denying a criminal defendant's peremptory strike violates Batson/McCollum and Petitioner's right to a fair trial by an impartial jury of Petitioner's choosing?

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . 1. Whether the (Court's) failure to specifically find that = © ; the prosecution had made a preliminary showing of racial discrimi7 nation when denying a criminal defendant's peremptory strike viol-ates Batson/McCollum and Petitioner's right to a fair trial by an ; ' impartial jury of Petitioner's choosing? oO oo : 2. Whether the (Court's) rejection of a criminal defendant's race-neutral explanation as "not a good reason" or "speculation ; : and intution" are contrary to this Court's admonition’ in Purkett, : -. at 768, violating Batson/McColium and Petitioner's vight to a-fair trial by an impartial jury of Petitioner's choosing? -2" ae a 3. Whether the (Court's) determination that ‘the ‘proponent of a peremptory strike should "do more to establish bias" in favor of .. the objector, improperly shifts the burden to prove the strike is ; . “not motivated by racial discrimination is incwiolation of Purkett, : . = Batson/MeCol lum and Petitioner's right to a fair trial by an impa. * rtial jury of Petitioner's choosing? . _ . RY : . ' . } . . 4 | | |

Docket Entries

2021-12-13
Petition DENIED.
2021-11-24
DISTRIBUTED for Conference of 12/10/2021.
2021-11-22
Waiver of right of respondent James David Green to respond filed.
2021-11-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2021)

Attorneys

James David Green
Christopher Louis HenryKentucky Office of the Attorney General, Respondent
Christopher Louis HenryKentucky Office of the Attorney General, Respondent
Robin Moore
Robin Moore — Petitioner
Robin Moore — Petitioner