Back on June 28, the Second Circuit issued a summary order in Watson v. Ricks, 10-2346-pr. It's pretty fact-intensive, so there isn't much to write about. As I stated in a previous post, this case is interesting because the MJ had issued a pretty novel conclusion that national origin discrimination is covered under Batson. That issue was not present in the appeal, though. The only issue in the appeal was factual: whether the prosecution used its peremptory strikes in a discriminatory fashion. The Second Circuit held that the state court's conclusion that the strikes were non-discriminatory was not unreasonable.
Here are the details:
Watson v. Ricks, 10-2346-pr
- Affirming Denial of Habeas; summary order here
- Argued 6/22/11; Decided 6/28/11
- Panel: Straub, Raggi, Wesley
- Lower Ct. Info: 05-CV-7288, 2010 WL 2346614 (SDNY June 02, 2010) (WHP) (JCF)
- In Circuit: District Court COA
- Issues: Batson violation
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