No. 18-8612

Jason Johnson v. Paul M. Gonyea, et al.

Lower Court: Second Circuit
Docketed: 2019-03-28
Status: Denied
Type: IFP
IFP
Tags: batson-v-kentucky civil-rights due-process habeas-corpus jury-selection racial-discrimination
Latest Conference: 2019-05-30
Question Presented (from Petition)

DID TRIAL COURT UNREASONABLY APPLY SUPREME COURT'S PRECEDENT WHEN IT BYPASSED STEP 3 OF THE BATSON v. KENTUCKY REQUIREMENT'S IN IT'S CONSIDERATION OF PETITIONER'S CLAIM OF PATTERN OF RACIAL DISCRIMINATION IN JURY SELECTION PROCESS?

CENTRAL TO THE PRESENT WRIT IS THE MANNER IN WHICH 66% OF ALL AFRICAN-AMERICAN PROSPECTIVE JUROR'S IN THE JURY POOL OF THIS CASE, WERE TARGETED FOR EXCLUSION BY THE PROSECUTION; AND THE FAILURE OF TRIAL COURT TO CONDUCT THE STEP 3 ANALYSIS OF BATSON. MANDATE IN EVALUATION OF PETITIONER'S DUE PROCESS CLAIM OF RACIAL DISCRIMINATION IN THE JURY SELECTION.

FINALLY, DID THE UNITED STATES COURT OF APPEAL'S, SECOND CIRCUIT ERRONEOUSLY REVERSE DISTRICT COURT'S GRANT OF HABEAS CORPUS RELIEF, THAT WAS BASED ON DETERMINATION THAT THE PROSECUTION'S USE OF IT'S PEREMPTORY STRIKE'S TO EXCLUDE FOUR AFRICAN-AMERICAN PROSPECTIVE JUROR'S DURING JURY SELECTION AMOUNTED TO INTENTIONAL DISCRIMINATION?

Question Presented (AI Summary)

Did trial court unreasonably apply Supreme Court's precedent when it bypassed step 3 of the Batson v. Kentucky requirement's in its consideration of petitioner's claim of pattern of racial discrimination in jury selection process?

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2019-01-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 29, 2019)

Attorneys

Jason Johnson
Jason Johnson — Petitioner