No. 18-5152

Rodney Howard v. United States

Lower Court: Third Circuit
Docketed: 2018-07-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky criminal-procedure equal-protection jury-selection peremptory-challenges peremptory-strikes prima-facie prima-facie-case prosecutorial-misconduct racial-discrimination
Key Terms:
JusticiabilityDoctri
Latest Conference: 2018-09-24
Question Presented (from Petition)

1. Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that the prosecution has used peremptory strikes to remove the only two black prospective jurors from the venire?

2. Where the district court does not reach Batson's third step, and offers contradictory assessments of the prosecutor's stated reason for a strike, should a reviewing court defer to the district court's finding of record support for the stated reason for the strike or instead consider all record evidence to determine whether the peremptory strike was the product of race discrimination?

Question Presented (AI Summary)

Does a black defendant make a prima facie showing of discriminatory use of peremptory strikes under Batson's first step when he demonstrates that the prosecution has used peremptory strikes to remove the only two black prospective jurors from the venire?

Docket Entries

2018-10-01
Petition DENIED.
2018-07-26
DISTRIBUTED for Conference of 9/24/2018.
2018-07-17
Waiver of right of respondent United States to respond filed.
2018-07-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 6, 2018)

Attorneys

Rodney Howard
Lisa B. FreelandFederal Public Defender, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent