People v. Wright, 2024 IL App (1st) 161404-B (May). Episode 1046 (Duration 14:58)
Be very careful when you strike an African American vvv because of his general demeanor and interest.
[Read more…]The Seven Factors That Go Into Raising A Batson Prima Facia Case
People v. Jones, 2021 IL App (1st) 181266 (June). Episode 901 (Duration 12:58)
Defendant properly raised a Batson challenge which should have required state to produce race neutral reasons for challenges; here trial court misapplied the heterogeneous factor, and it weighed in favor of finding a prima facie case of discrimination.
[Read more…]Batson Challenge Not Properly Rebutted When Potential Juror Had Superficial Police Contacts
People v. Bradshaw, 2020 IL App (3d) 180027 (December). Episode 837 (Duration 6:06)
Prosecutor said the potential juror had some criminal contacts and arrests, at least some ordinance violations.
[Read more…]Not Even Close To Being A Race Neutral Reason
Flowers v. Mississippi, SCOTUS, (June 2019). Episode 653 (Duration 10:17)
In six trials, the State struck 41 of the 42 black prospective jurors. [Read more…]
After A Batson Violation What’s The Appropriate Remedy?
People v. Byrd, 2017 IL App (2d) 140715 (April). Episode 343 (Duration 5:07)
So when there is Batson violation, what is the appropriate remedy?
[Read more…]How To Properly Raise A Batson Prima Facie Case
People v. Austin, 2017 IL App (1st) 142737 (April). Episode 342. (Duration 17:15)
Fact that multiple jurors of the same race have been stricken, without more, does not raise a prima facia case for a Batson violation.
[Read more…]State Fails To Raise Race Neutral Reason In This Batson Challenge
In re A.S., 2017 IL App (1st) 161259-B (March). Episode 335 (Duration 15:09)
State fails to raise a race neutral reason for its jury strikes, reversal required.
[Read more…]When 4 Of 5 African American Are Struck From The Jury There May Be A Batson Problem
In re A.S., 2016 IL App (1st) 161259 (October). Episode 255 (Duration 12:42)
Because the stage-two and stage-three Batson hearing in this case may have been influenced by the trial court’s demonstrably incorrect view of the law remand for further proceedings was ordered.
[Read more…]Prosecutors Wrote B’s Next To All The Potential Jurors Who Were African American
Foster v. Chatman, SCOTUS No. 14–8349. Argued November 2, 2015—Decided May 23, 2016. Episode 189 (Duration 7:29)
Prosecution makes it pretty clear that they struck black jurors because of their race. [Read more…]
Any Race Neutral Reason is Sufficient To Beat A Batson Challenge: That’s The Problem
People v. Shaw, 2016 IL App (4th) 150444 (April). Episode 174 (Duration 4:14)
Trial court properly accepted race neutral reasons for excluding minority jury members.
[Read more…]