No. 22-7185

Brandon Scott Donaldson v. Tennessee

Lower Court: Tennessee
Docketed: 2023-04-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky but-for-cause civil-rights fair-cross-section jury-selection peremptory-challenges peremptory-strike pretext race-neutral race-neutral-explanation systematic-underrepresentation
Key Terms:
DueProcess
Latest Conference: 2023-05-18
Question Presented (AI Summary)

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 (OCR Extract)

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

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-04-27
Waiver of right of respondent State of Tennessee to respond filed.
2023-03-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 3, 2023)
2023-02-07
Application (22A713) granted by Justice Kavanaugh extending the time to file until March 31, 2023.
2023-02-03
Application (22A713) to extend the time to file a petition for a writ of certiorari from February 14, 2023 to March 31, 2023, submitted to Justice Kavanaugh.

Attorneys

Brandon Donaldson
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner
Jonathan Patrick HarwellKnow County Public Defender's Community Law Office, Petitioner
State of Tennessee
Courtney Nicole OrrOffice of the Tennessee Attorney General, Respondent
Courtney Nicole OrrOffice of the Tennessee Attorney General, Respondent