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
Latest Conference: 2021-12-10
Question Presented (from Petition)

1. 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?

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/McCollum and Petitioner's right to a fair trial by an impartial jury of Petitioner's choosing?

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 in violation of Purkett, Batson/McCollum and Petitioner's right to a fair trial by an impartial jury of Petitioner's choosing?

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?

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
Robin Moore
Robin Moore — Petitioner