Marcellus S. Williams v. David Vandergriff, Warden
HabeasCorpus Privacy
Question not identified.
QUESTIONS PRESENTED FOR REVIEW At a recent proceeding initiated by the county prosecutor who originally sought the death sentence, evidence established that the trial prosecutor did indeed consider race in the exercise of his peremptory challenges. Further evidence that could have supported the allegations of wrongdoing in the form of the voir dire notes could not be presented — they are mysteriously missing from the trial file. As conceded by Respondent below, the recent testimony “contradicts” the trial transcript and now confirms racial animus. No wonder the county prosecutor has conceded that its former agent violated Batson. The following questions are presented: 1. Whether the Buck v. Davis, 580 U.S. 100 (2017) extraordinary circumstances test is satisfied when the County Prosecutor conceded error and recent testimony constitutes admissions from the trial prosecutor that race did play a factor in his exercise of its peremptory challenges? 2. Whether a trial prosecutor may rely on race to strike a juror and misrepresent his true reasons during the trial colloquy? i