On remand from 4th Circuit, district court denies Batson claim, May 19, 2010
Posted on: 5/20/2010 05:16:13 PM by Lominack

In U.S. v. Barnette (WDNC), the district court – on remand from the Fourth Circuit in light of Miller-El v. Dretke, 545 U.S. 231 (2005) – denied the defense Batson claim. On its way to denying the claim the district court denied the defense request for discovery and precluded the defense from relying on evidence, which was not presented at the original Batson hearing. Moreover, the court limited its consideration to arguments that were raised at the Batson hearing (and not otherwise waived on appeal) and the issues raised on appeal. The court then accepted the prosecutor's reasons for striking the jurors in question and rejected the defense comparative analysis arguments. Click here to read the full opinion.