Darryl Burghardt v. Tammy L. Campbell, Warden
DueProcess HabeasCorpus
Whether Petitioner Darryl Burghardt's trial counsel performed deficiently by refusing to raise, and thereby waiving, a meritorious Batson objection
QUESTIONS PRESENTED (1) Whether Petitioner Darryl Burghardt’s trial counsel performed deficiently by refusing to raise, and thereby waiving, a meritorious Batson! objection, despite Burghardt urging him to raise the issue, where the prosecution used its very first peremptory strike to strike one of only two Black potential jurors, and where, by all accounts, said juror would have been favorable to the prosecution but for an assumption otherwise due to her being Black? (2) Whether Petitioner’s trial court violated Petitioner’s due process and/or equal protection rights by refusing to hear the Batson challenge described above when Petitioner attempted to raise it himself? ' Batson v. Kentucky, 476 U.S. 79 (1986). i