Brandon Scott Donaldson v. Tennessee
DueProcess
Whether a peremptory challenge complies with Batson if a prosecutor voiced a race-neutral explanation for his strike in addition to pretextual, improper justifications? Must the petitioner establish that the racially-improper justification was a but-for cause of the strike?
question presented is: Whether a peremptory challenge complies with Batson if a prosecutor voiced a race-neutral explanation for his strike in addition to pretextual, improper justifications? Must the petitioner establish that the racially-improper justification was a but-for cause of the strike? 2. The defendant was tried by a jury selected from a venire in which Blacks were underrepresented. The available information, including statistics and an unrebutted affidavit by an experienced lawyer, indicated that such underrepresentation in venires lasted over at least six months, and that it was not caused by chance. The appellate court held that the defendant’s fair cross-section claim failed because he had not carried his burden of establishing the cause of this The second question presented is: If underrepresentation in a jury selection system has been proven to extend over time and not to be caused by chance, does that satisfy the requirement under Duren v. Missouri, 439 U.S. 357, 364 (1979), that underrepresentation be “systematic,” meaning inherent in the system? Or must a defendant go further and establish the exact mechanism that has resulted in the If proof of a mechanism is required, can that include social and economic factors such as access to transportation, transience, and lack of follow-up by clerk’s offices? ii