United States Fourth Circuit

In conducting a Batson analysis of prosecution's peremptory challenges, the North Carolina state court relied on the ratio of black jurors seated to those tendered, and failed to consider relevant facts relating to the state's decision to strike certain black jurors. Jury poll did not cure an unconstitutional instruction. (Republished opinion)

Appellate Information

• Decided 02/21/2003
• Published 02/21/2003

Judges

• Before WILKINS, Chief Judge, and WIDENER, WILKINSON, NIEMEYER, LUTTIG, WILLIAMS, MICHAEL, MOTZ, TRAXLER, KING, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Richard Rittelmeyer, Hartzell & Whiteman, L.L.P., Raleigh, North Carolina, for Appellant.  Jonathan Porter Babb, Sr., Special Deputy Attorney General, Steven Franklin Bryant, Assistant Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF:  Gretchen M. Engel, Center for Death Penalty Litigation, Inc., Durham, North Carolina, for Appellant.  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.