No. 21-6747

Victor Dewayne Taylor v. Scott Jordan, Warden

Lower Court: Sixth Circuit
Docketed: 2021-12-29
Status: Denied
Type: IFP
IFP
Tags: batson-challenge batson-v-kentucky capital-case constitutional-law habeas-corpus jury-selection peremptory-challenges race-discrimination race-neutral-reason sixth-circuit
Latest Conference: 2022-04-14
Question Presented (from Petition)

1. Is a statement by the prosecutor that he believed he could discriminatorily remove African-American jurors from the panel as long as he left one African-American juror on the panel, a "race-neutral reason" as required by Batson v. Kentucky and the United States Constitution, particularly in this instance, when the prosecutor used a widely disparate number of his peremptory challenges to remove black jurors as opposed to white jurors and the prosecutor admitted he had "no other rational reason" than the race of the jurors for exercising his peremptory challenges?

2. Was the Sixth Circuit Court of Appeals required to "look through" the unexplained state court decision to the "last related state-court decision that does provide a relevant rationale," or was it at liberty to supplant its own speculative reasons without deference to the state court?

Question Presented (AI Summary)

Is a prosecutor's statement that he believed he could discriminatorily remove African-American jurors from the panel as long as he left one African-American juror on the panel a 'race-neutral reason' as required by Batson v. Kentucky and the United States Constitution?

Docket Entries

2022-04-18
Petition DENIED.
2022-04-01
Reply of petitioner Victor Dewayne Taylor filed. (Distributed)
2022-03-30
DISTRIBUTED for Conference of 4/14/2022.
2022-03-14
Brief of respondent Scott Jordan in opposition filed.
2022-01-14
Motion to extend the time to file a response is granted and the time is extended to and including March 14, 2022.
2022-01-13
Motion to extend the time to file a response from January 28, 2022 to March 14, 2022, submitted to The Clerk.
2021-12-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 28, 2022)
2021-11-19
Application (21A156) granted by Justice Kavanaugh extending the time to file until December 21, 2021.
2021-11-12
Application (21A156) to extend the time to file a petition for a writ of certiorari from November 21, 2021 to December 21, 2021, submitted to Justice Kavanaugh.

Attorneys

Scott Jordan
Brett Robert NolanKentucky Office of the Attorney General, Respondent
Victor Dewayne Taylor
Dennis James BurkeCommonwealth of Kentucky, Department of Public Adv, Petitioner