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.
- Argued 10/27/2003
- Decided 01/22/2004
- Published 01/22/2004
- Before SLOVITER, McKEE and COWEN, Circuit Judges.
- United States Third Circuit
- 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.