Tony Terrell Clark v. Mississippi
HabeasCorpus
(1) whether the Mississippi Supreme Court may set an impossible standard in post-conviction review of an ineffective Batson v. Kentucky, 476 U.S. 79 (1986) challenge to meet the test for prejudice as set forth in Strickland v. Washington, 466 U.S. 668, 687-88 (1984); and (2) whether the Mississippi Supreme Court may may refuse to consider on post-conviction, new evidence and arguments that rebut the prosecutor's asserted race-neutral reasons for exercising peremptory strikes against Black jurors that were not presented to the trial court.
Whether the Mississippi Supreme Court may apply an impossible standard of prejudice in reviewing ineffective assistance of counsel claims related to Batson challenges that effectively immunizes racially discriminatory jury selection from federal constitutional review