No. 19-5591

Kirk Saintcalle v. Jeffrey A. Uttecht, Warden

Lower Court: Ninth Circuit
Docketed: 2019-08-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge batson-v-kentucky equal-protection fourteenth-amendment habeas-corpus jury-selection peremptory-challenge racial-discrimination
Latest Conference: 2019-10-11
Question Presented (from Petition)

1. Did the Ninth Circuit err in affirming the district court's denial of Kirk Saintcalle's petition for a writ of habeas corpus on the grounds that the state court's decision requiring him to show racism to establish a violation of this Court's holding in Batson v. Kentucky, rather than purposeful discrimination, was neither contrary to nor an unreasonable application of the law, nor an unreasonable determination of the facts?

Question Presented (AI Summary)

Did the Ninth Circuit err in affirming the district court's denial of Kirk Saintcalle's petition for a writ of habeas corpus on the grounds that the state court's decision requiring him to show racism to establish a violation of this Court's holding in Batson v. Kentucky, rather than purposeful discrimination, was neither contrary to nor an unreasonable application of the law, nor an unreasonable determination of the facts?

Docket Entries

2019-10-15
Petition DENIED.
2019-09-19
DISTRIBUTED for Conference of 10/11/2019.
2019-09-16
Waiver of right of respondent Jeffrey A. Uttecht to respond filed.
2019-08-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 16, 2019)

Attorneys

Jeffrey A. Uttecht
Anne Elizabeth EgelerAttorney General's Office, Respondent
Kirk Saintcalle
Michael FilipovicFederal Public Defender, Petitioner