Butler v. Fischer, 08-4657-pr, Sept. 8, 2009, available here, Calabresi, Cabranes, Lynch, DJ
- Denial of Habeas Affirmed
- Issues: Improper denial of Batson motion
- Notes: Not much here, but reading between the lines, it appears that the Appellate Division's analysis was problematic; the question was whether the defendant had established a prima facie case of discrimination; the Second Circuit seems to acknowledge that the Appellate Division may not have utilized the proper Batson terminology in rejecting the claim; but, notwithstanding the Appellate Division's improper language, the court concludes that there was no merit to the underlying Batson claim
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