United States Second Circuit

While, in appropriate circumstances, statistics alone can be sufficient to establish the requisite prima facie showing for a Batson challenge, a state court determination that a habeas petitioner had not made such a showing, was not contrary to, or an unreasonable application of, clearly established federal law.

Appellate Information

• Decided 07/09/2002
• Published 07/09/2002

Judges

• CALABRESI, Circuit Judge., Before LEVAL and CALABRESI, Circuit Judges, and STEIN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Ian Rosenberg,Cahill, Gordon & Reindel, New York, NY, for Petitioner-Appellee., Beth J. Thomas, Assistant Attorney General, New York, NY, for Eliot Spitzer, Attorney General of the State of New York (Michael S. Belohlavek, Deputy Solicitor General, and Robin A. Forshaw, Assistant Solicitor General, of counsel), for Respondent-Appellant.