United States Third Circuit

In a petition for habeas relief from the first-degree murder conviction, judgment of the trial court granting conditional relief is reversed where a prosecutor's inability to explain the reasons for his use of three peremptory challenges is insufficient ground to grant the conditional writ of habeas, even where: 1) a general objection to prosecutor's preemptory strikes on account of race preserved Baston claim; 2) the one-year PCRA limitation period cannot justify a federal court determination that petitoner's Batson claim has been procedurally defaulted; and 3) section 2254(e)(2) did not prevent the district court from granting petitioner an evidentiary hearing on his Batson claim.

Appellate Information

• Decided 06/16/2011
• Published 06/16/2011

Judges

• GREENBERG

Court

• United States Third Circuit

Counsel