No. 22-6745

Robert Hill v. United States

Lower Court: Eighth Circuit
Docketed: 2023-02-10
Status: Denied
Type: IFP
Response WaivedIFP
Tags: Batson-challenge civil-rights constitutional-procedure due-process eighth-circuit equal-protection jury-selection prima-facie-evidence prosecutorial-discretion standard-of-review
Latest Conference: 2023-03-17
Question Presented (from Petition)

A.
WHETHER PETITIONER ESTABLISHED PRIMA FACIE EVIDENCE DEMONSTRATING COUNTERVAILING FACTORS EXCUSING HIM FROM MAKING HIS SIMILARLY SITUATED BATSON-BASED ARGUMENT BEFORE THE TRIAL COURT?

B.
WHETHER THE EIGHTH CIRCUIT COURT OF APPEALS WRONGLY ACCEPTED THE GOVERNMENT'S POST HOC RATIONALIZATION CONCERNING ITS JUSTIFICATION FOR STRIKING JUROR 10, WHILE IGNORING OBJECTIVE FACTORS TO THE CONTRARY?

C.
WHETHER THE EIGHTH CIRCUIT ABUSED ITS DISCRETION BY OVERLOOKING A MATERIAL MATTER OF LAW CONCERNING A BATSON CHALLENGE?

Question Presented (AI Summary)

Whether petitioner established prima facie evidence demonstrating countervailing factors excusing him from making his similarly situated Batson-based argument before the trial court?

Docket Entries

2023-03-20
Petition DENIED.
2023-02-23
DISTRIBUTED for Conference of 3/17/2023.
2023-02-21
Waiver of right of respondent United States to respond filed.
2023-01-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 13, 2023)

Attorneys

Robert Hill
Robert Hill — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent