United States Second Circuit

Plaintiff's petition for a writ of habeas corpus is denied over his challenge that the prosecutor in his trial unlawfully exercised peremptory challenges against four "Hispanic" jurors in violation of the Equal Protection Clause of the Fourteenth Amendment.

Appellate Information

• Decided 11/22/2004
• Published 11/22/2004

Judges

• BERMAN, District Judge., Before:  CALABRESI and SOTOMAYOR, Circuit Judges, and BERMAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Robin A. Forshaw, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, Michael Belohlavek, Deputy Solicitor General, on the brief), New York, New York, for respondent-appellant., Mark W. Zeno, Center For Appellate Litigation (Robert S. Dean, on the brief), New York, New York, for petitioner-appellee.