United States Second Circuit

In habeas proceedings raising a Batson claim of improper use of a peremptory challenge by the prosecution to strike the only African-American juror in the jury pool, dismissal of the petition for habeas relief is vacated and remanded where the trial court failed to make a credibility finding at the third stage of the Batson analysis with respect to prosecutor's explanation that the challenge was because the juror was obese, and heavy-set people tend to be sympathetic toward defendants.

Appellate Information

• Decided 01/09/2009
• Published 01/09/2009

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, HALL, Circuit Judge, and ARCARA, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert A. Culp, Esq., Garrison, NY, for Petitioner-Appellant.


• For Appellees:
  
• Lisa E. Fleischmann, Assistant Attorney General, for Andrew W. Cuomo, Attorney General of the State of New York, for Respondent-Appellee.