United States Second Circuit

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Carmichael v. Chappius, 16-1562

In a petition for a writ of habeas corpus pursuant to 28 U.S.C. section 2254, the district court's grant of the petition, on grounds that the New York State Appellate Division's judgment affirming the state trial court's denial of petitioner's Batson challenge was an unreasonable application of Supreme Court precedent, is vacated where: 1) the district court incorrectly applied the standard for evaluating a state court's rulings set forth in the Antiā€Terrorism and Effective Death Penalty Act of 1996, 28 U.S.C. section 2254(d); and 2) the Appellate Division's order affirming the state trial court's denial of petitioner's Batson challenge was not an unreasonable application of 'clearly established Federal law, as determined by the Supreme Court of the United States.' 28 U.S.C. section 2254(d).

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/02/17

Judges

  • CABRANES

Court

  • United States Second Circuit

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