No. 18-6624

Farris Genner Morris v. Tennessee

Lower Court: Tennessee
Docketed: 2018-11-08
Status: Denied
Type: IFP
IFP Experienced Counsel
Tags: batson-challenge-review batson-v-kentucky collateral-review due-process equal-protection jury-selection peremptory-challenges prosecutorial-misconduct racial-discrimination
Latest Conference: 2019-01-11
Question Presented (from Petition)

Where the trial prosecutor's rationale for striking the lone black juror applied "just as well" to two white jurors, Foster v. Chatman, 136 S. Ct. 1737, 1754 (2016), and just as in Foster, the proof that the prosecutor's strike was "motivated in substantial part by discriminatory intent" was discovered in collateral proceedings, did the Tennessee court's err in failing to apply Foster on collateral review?

Question Presented (AI Summary)

Where the trial prosecutor's rationale for striking the lone black juror applied just as well to two white jurors, and the proof that the prosecutor's strike was motivated in substantial part by discriminatory intent was discovered in collateral proceedings, did the Tennessee court's err in failing to apply Foster on collateral review?

Docket Entries

2019-01-14
Petition DENIED.
2018-12-27
DISTRIBUTED for Conference of 1/11/2019.
2018-12-07
Brief of respondent Tennessee in opposition filed.
2018-11-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 10, 2018)
2018-08-24
Application (18A211) granted by Justice Kagan extending the time to file until November 4, 2018.
2018-08-22
Application (18A211) to extend the time to file a petition for a writ of certiorari from September 5, 2018 to November 4, 2018, submitted to Justice Kagan.

Attorneys

Farris Genner Morris
Kelley Jane HenryFederal Public Defender, Middle District of Tennessee, Petitioner
Tennessee
Leslie E. PriceTennessee Attorney General's Office, Respondent