Recent Cert Petitions Not Yet Conferenced

Last Updated: Monday, February 23, 2009

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Abu-Jamal v. Beard, 08-8483 (filed 12/19/08)
(case below: 520 F.3d 272 (3rd Cir.))

Questions presented:

(1) Is a federal habeas court free to create and apply its own forfeiture rule to a Batson claim, and to deem the claim forfeited as a matter of federal law, even though the state courts addressed the claim on the merits and did not invoke an adequate and independent state court procedural default? (2) May a court decline to find a prima facie case under Batson when the Petitioner's evidence for the prima facie case include every item that this Court's cases recognize as demonstrating a prima facie case?