Kareem M. Murray v. Joseph Noeth, Superintendent, Attica Correctional Facility
DueProcess HabeasCorpus JusticiabilityDoctri
Whether a state trial court's granting of a prosecutor's challenge to a defendant's use of a peremptory strike
Questions Presented for Review . 1. Whether a state trial court's granting of a prosecutor's challenge to a defendant's use of a peremptory strike, without following the three-step procedure for deciding such challenges required by Batson v. Kentucky, 476 ) U.S. 79 (1986), and Purkett v. Elem, 514 U.S. 765 (1995); and/or without any . reasonable finding that the striking party is motivated in substantial part by discriminatory intent; gives rise to a cognizable claim on habeas corpus review under 28 U.S.C. § 2254. , 2. If the answer to Question 1is "Yes," whether the trial court below's granting of the prosecutor's challenge to Petitioner's use of peremptory strikes, and/or the appellate court's af firmance thereof: , A. was contrary to, or involved an unreasonable application of, — . clearly established Federal law, as determined by the Supreme Court of the United States, entitling Petitioner to habeas corpus relief under 28 U.S.C. § 2254(da)(1); and/or . . B. was based on an unreasonable determination of the facts in Light of the evidence presented in the State court proceeding, entitling Petitioner to habeas corpus relief under 28 U.S.C. § 2254(d) (2). . ' Parties , ; . : All parties appear in the caption of the case on the cover page. Pursuant to Supreme Court Rule 35.3, Julie M. Wolcott, the current Superintendent of Attica Correctional Facility, has been automatically substituted for Joseph H. Noeth, the prior Superintendent who was respondent below : ; “ : Related Cases e Murray v. Noeth, No. 20-3136-pr, U.S. Court of Appeals for the Second Circuit. Judgment entered Apr. 26, 2022. : Murray vNoeth, No. 9:19-cv-00224-JKS, U.S. District Court for the Northern District of New York. Judgment entered Aug 19, 2020. People v. Murray, 155 A.D.3d 1106, Supreme Court of the State of New York : Appellate Division, Third Department’. Judgment entered Nov 2, 2017. : _ People _v. Murray, 35 N.¥.3d 1015, New York court of Appeals. ‘Judgment ~ . . entered Apr. 10, 2018. . . ; ii . \ . : .