No. 19-6839

Patrick R. Smith v. Barbara D. Underwood, Attorney General of New York, et al.

Lower Court: Second Circuit
Docketed: 2019-12-04
Status: Denied
Type: IFP
Relisted (2)IFP
Tags: civil-rights constitutional-law due-process equal-protection jury-selection racial-discrimination standing
Key Terms:
HabeasCorpus
Latest Conference: 2020-05-15 (distributed 2 times)
Question Presented (from Petition)

Did the INTEGRITY COURTS BELOW UNDERMINE the Court's Ruling in BATSON v. KENTUCKY and FLOWERS v. MISSISSIPPI, thus VIOLATING ALTON CHISHOLM and JASMINE JACKSON, TWO POTENTIAL AFRICAN AMERICAN JURORS' RIGHT as well as the PETITIONER'S RIGHTS UNDER the 5th and 14th AMENDMENTS of the United States CONSTITUTION?

2 Did the District Court ERR in ORDERING a RECONSTRUCTION HEARING be held TWELVE (12) YEARS AFTER the TRIAL, to OBTAIN a RACE NEUTRAL EXPLANATION, thus VIOLATING the POTENTIAL JURORS' RULE as well as the PETITIONER'S RIGHTS UNDER the 5th and 14th AMENDMENTS of the United States CONSTITUTION and BATSON?

3 Did PROSECUTOR FABRIC GREEN'S RACE-NEUTRAL EXPLANATION, that he didn't believe that JASMINE JACKSON had ENOUGH LIFE EXPERIENCE to MAKE a DECISION of his MAGNITUDE" in CONTRAST to JUSTICE THURGOOD MARSHALL'S CONCURRENCE in BATSON, in VIOLATION of JASMINE JACKSON'S AND PETITIONER'S 5th and 14th AMENDMENTS of the United States CONSTITUTION?

4 WAS the DISPARABLE QUESTIONING of POTENTIAL JUROR JASMINE JACKSON in COMPARISON to VICTOR WATSON, KENNETH JOHNSON and SARAH WALDMAN, who are WHITE and SIMILARLY SITUATED, CLEAR AND CONVINCING ENOUGH EVIDENCE to ESTABLISH PRETEXTUAL DISCRIMINATION in VIOLATION of the 14th AMENDMENT of the United States CONSTITUTION EQUAL PROTECTION RIGHTS of the PETITIONER, thus FURTHERING the 34f0 VIOLATION HELD in BATSON?

Question Presented (AI Summary)

Whether the lower courts erred in upholding the racial discrimination in jury selection in violation of the Fourteenth Amendment

Docket Entries

2020-05-18
Rehearing DENIED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-03-13
Petition for Rehearing filed.
2020-02-24
Petition DENIED.
2020-01-16
DISTRIBUTED for Conference of 2/21/2020.
2019-10-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)

Attorneys

Patrick R. Smith
Patrick Ricardo Smith — Petitioner