Steven Hutchinson v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al.
DueProcess HabeasCorpus JusticiabilityDoctri
Should prejudice under Strickland v. Washington be presumed for an ineffective-assistance-of-counsel claim based on counsel's failure to object to unconstitutional racial-discrimination during jury-selection in violation of Batson v. Kentucky?
QUESTIONS PRESENTED 1. Should prejudice under Strickland v. Washington, 466 U.S. 668 (1984), be presumed for an claim based on counsel’s failure to object to unconstitutional racial discrimination during jury selection in violation of Batson v. Kentucky, 476 U.S. 79 (1986)? 2. In the event that Strickland prejudice should not be presumed under such circumstances, is Strickland prejudice shown where the petitioner establishes a reasonable probability that, but for trial counsel’s failure to raise a Batson challenge, a Batson challenge would have been successful? i