No. 23-7499

Russell William Tucker v. North Carolina

Lower Court: North Carolina
Docketed: 2024-05-17
Status: Denied
Type: IFP
IFP
Tags: batson-challenge batson-v-kentucky burden-of-proof disparate-treatment equal-protection jury-selection peremptory-strikes prima-facie-case prosecutorial-misconduct racial-discrimination
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of showing that the prosecution had a proven history of discriminating against Black potential jurors in order to establish a prima facie case under Batson?

II. Whether the Supreme Court of North Carolina violated this Court's clear precedent when it declined to consider all of the evidence relevant to his Batson claim, including the State's reliance on a ready-made list to explain its strikes of African Americans?

Question Presented (AI Summary)

Whether the Supreme Court of North Carolina was free to reject evidence of disparate treatment and impose on Petitioner the crippling burden of showing that the prosecution had a proven history of discriminating against Black potential jurors in order to establish a prima facie case under Batson?

Docket Entries

2024-10-07
Petition DENIED.
2024-08-29
DISTRIBUTED for Conference of 9/30/2024.
2024-08-15
Brief of North Carolina in opposition submitted.
2024-08-15
2024-06-05
Motion to extend the time to file a response is granted and the time is extended to and including August 16, 2024.
2024-06-04
Motion to extend the time to file a response from June 17, 2024 to August 16, 2024, submitted to The Clerk.
2024-05-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 17, 2024)
2024-04-17
Application (23A806) granted by The Chief Justice extending the time to file until May 13, 2024.
2024-04-12
Application (23A806) to extend further the time from April 29, 2024 to May 13, 2024, submitted to The Chief Justice.
2024-03-01
Application (23A806) granted by The Chief Justice extending the time to file until April 29, 2024.
2024-02-27
Application (23A806) to extend the time to file a petition for a writ of certiorari from March 14, 2024 to April 29, 2024, submitted to The Chief Justice.

Attorneys

North Carolina
Heidi Michelle WilliamsNorth Carolina Department of Justice, Respondent
Russell William Tucker
Gretchen M. EngelCenter for Death Penalty Litigation, Petitioner