No. 22-5988

Clemente Hernandez-Garcia v. United States

Lower Court: Ninth Circuit
Docketed: 2022-11-03
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appellate-review batson-challenge batson-v-kentucky criminal-procedure discriminatory-intent equal-protection judicial-standard ninth-circuit peremptory-challenges peremptory-strike racial-discrimination
Latest Conference: 2022-12-02
Question Presented (from Petition)

If a trial court legally errs at step three of Batson, may an appellate court resolve the factual question of whether a party acted with discriminatory intent?

Question Presented (AI Summary)

If a trial court legally errs at step three of Batson, may an appellate court resolve the factual question of whether a party acted with discriminatory intent?

Docket Entries

2022-12-05
Petition DENIED.
2022-11-16
DISTRIBUTED for Conference of 12/2/2022.
2022-11-10
Waiver of right of respondent United States of America to respond filed.
2022-10-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 5, 2022)

Attorneys

Clemente Hernandez-Garcia
Kara Lee HartzlerFederal Defenders of San Diego, Inc., Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent