Kane County Nuggets

Internal education and training for the Kane County State's Attorney's Office.

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Batson Violation Here | Can’t Believe Prosecutor Said That

September 6, 2024 By Samuel Partida, Jr.

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…]

Filed Under: Batson

The Seven Factors That Go Into Raising A Batson Prima Facia Case 

December 31, 2023 By Samuel Partida, Jr.

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…]

Filed Under: Batson

Batson Challenge Not Properly Rebutted When Potential Juror Had Superficial Police Contacts

November 9, 2022 By Samuel Partida, Jr.

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…]

Filed Under: Batson

Not Even Close To Being A Race Neutral Reason

July 22, 2019 By Samuel Partida, Jr.

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…]

Filed Under: Batson, SCOTUS

After A Batson Violation What’s The Appropriate Remedy?

May 30, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Batson

How To Properly Raise A Batson Prima Facie Case

May 29, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Batson

State Fails To Raise Race Neutral Reason In This Batson Challenge

May 8, 2017 By Samuel Partida, Jr.

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…]

Filed Under: Batson

When 4 Of 5 African American Are Struck From The Jury There May Be A Batson Problem

November 14, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Batson

Prosecutors Wrote B’s Next To All The Potential Jurors Who Were African American

June 30, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Batson, SCOTUS

Any Race Neutral Reason is Sufficient To Beat A Batson Challenge: That’s The Problem

May 25, 2016 By Samuel Partida, Jr.

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…]

Filed Under: Batson

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