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Race Discrimination Jury Selection

Fox Rothschild LLP

Batson Is Back, With Teeth

Fox Rothschild LLP on

The holding in Batson v. Kentucky, 479 U.S. 79 (1986), that racial discrimination has no place in jury selection, continues to generate caselaw. As noted in a prior blog post, the Supreme Court of North Carolina had never...more

Holland & Hart - Your Trial Message

Black Lives Matter: Account for Awakening Views

Only recently, we had a 24-7 news bubble on the coronavirus pandemic, and it didn’t seem like anything could break it. Now, however, our television screens are filled with scenes of protest and violent confrontation. The...more

Holland & Hart - Your Trial Message

Distinguish Between Bias and Belief

The Massachusetts Supreme Judicial Court just heard oral arguments seeking to overturn a drug-possession conviction in the case of Commonwealth v. Quinton Williams. The Defense had appealed based on the judge’s dismissal of...more

Holland & Hart - Your Trial Message

Attitudes on Race: Consider that the Dog Whistle May No Longer Be Necessary

How do you spot a racist? Or, to be more on point, in a legal case about racial discrimination, or another case where racial biases would matter to the assessment of the case, the parties, or the witnesses, how do you...more

Holland & Hart - Your Trial Message

Race-based Strikes: Expect Fixes for the Problem (and Problems with the Fixes)

It is unacceptable for someone to be the wrong color or the wrong ethnicity to serve on a jury. In modern times, the law says race-based exclusions can’t happen. But the practical reality in the courtroom, particularly some...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Foster v. Chatman

On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more

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