United States Third Circuit

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HOLLOWAY v. HORN, 01-9009, 01-9010

The principles of Batson v. Kentucky were violated by Pennsylvania's use of eleven of its twelve peremptory strikes to exclude African-Americans from the jury, together with its failure to offer race-neutral reasons for the strikes. Death row prisoner is granted a habeas writ conditioned upon the state's right to conduct a retrial.

Appellate Information

  • Argued 10/27/2003
  • Decided 01/22/2004
  • Published 01/22/2004

Judges

  • Before SLOVITER, McKEE and COWEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellees:
  • Matthew C. Lawry,Billy H. Nolas, David W. Wycoff, (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, for Appellant/Cross Appellee., Thomas W. Dolgenos, (Argued), Office of District Attorney, Philadelphia, for Appellees/Cross Appellants.
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