United States Sixth Circuit

Dismissal of a habeas petition raising Batson challenges to the prosecution's exercise of its peremptory strikes as race-based is vacated and the case remanded where the trial court was in a better position, not the appellate court, to consider newly discovered video evidence providing direct information about the prosecution's state of mind as part of the Batson fact-finding process.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• Before:  BATCHELDER, COLE, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  David J. Debold, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant.  Samuel J. Floyd, Jr., Office Of The Attorney General, Frankfort, Kentucky, for Appellee.   ON BRIEF:  David J. Debold, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant.  Samuel J. Floyd, Jr., Office of the Attorney General, Frankfort, Kentucky, for Appellee.