United States Third Circuit

The Pennsylvania Supreme Court's rejection of prisoner's Batson claim was properly found to be objectively unreasonable; the Commonwealth is entitled to a hearing, however, to present evidence in support of its peremptory strikes of African-Americans from the venire.

Appellate Information

• Argued 05/20/2003
• Decided 05/11/2004
• Published 05/11/2004

Judges

• ROTH, Circuit Judge., Before SCIRICA, Chief Judge, NYGAARD and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Thomas W. Dolgenos (Argued), Office of the District Attorney, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Robert B. Dunham (Argued), Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellee.