Whether, in conflict with Johnson v. California, 545 U.S. 162 (2005), the Louisiana appellate court applied an impermissibly high burden of proof at the first step of Batson by creating an unattainable statistical threshold and refusing to consider non-numerical evidence of discrimination that was not explicitly articulated in defense counsel's objection.

Whether the Louisiana appellate court applied an impermissibly high burden of proof at the first step of Batson by creating an unattainable statistical threshold and refusing to consider non-numerical evidence of discrimination