No. 22-5667

Charles Stevens v. Ron Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2022-09-22
Status: Denied
Type: IFP
IFP
Tags: aedpa batson-challenge batson-v-kentucky comparative-juror-analysis flowers-v-mississippi habeas-corpus-standard juror-similarity miller-el-v-dretke ninth-circuit-review peremptory-strike race-based-challenge racial-discrimination
Latest Conference: 2023-01-06
Question Presented (from Petition)

1. Whether a state court improperly expands or modifies the standard this Court established in Batson v. Kentucky and its progeny, when it requires a defendant to establish that a juror who was removed peremptorily by the prosecution is strikingly similar to an accepted juror, rather than merely having to show that they are similarly situated, as this Court held in Miller-El v. Dretke.

2. As part of the third step of the mandated Batson analysis of a prosecutor's purported race-based peremptory challenge, does Batson v. Kentucky and its progeny require state courts to conduct a comparative juror analysis.

Question Presented (AI Summary)

Whether a state court improperly expands or modifies the Batson standard by requiring a defendant to establish that a juror removed peremptorily is strikingly similar to an accepted juror, rather than merely similarly situated

Docket Entries

2023-01-09
Petition DENIED.
2022-12-08
Reply of petitioner Charles Stevens filed. (Distributed)
2022-12-01
DISTRIBUTED for Conference of 1/6/2023.
2022-11-17
Brief of respondent Ron Davis, Warden in opposition filed.
2022-10-11
Motion to extend the time to file a response is granted and the time is extended to and including November 23, 2022.
2022-10-07
Motion to extend the time to file a response from October 24, 2022 to November 23, 2022, submitted to The Clerk.
2022-09-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 24, 2022)
2022-07-08
Application (22A12) granted by Justice Kagan extending the time to file until September 19, 2022.
2022-07-01
Application (22A12) to extend the time to file a petition for a writ of certiorari from July 21, 2022 to September 19, 2022, submitted to Justice Kagan.

Attorneys

Charles Stevens
Brian Marc PomerantzLaw Offices of Brian M. Pomerantz, Petitioner
Ron Davis
Sarah Jean FarhatCalifornia DOJ, Office of the Attorney General, Respondent