Legal Opinion
Hernandez v. New York
Supreme Court of the United States
Decided May 28, 1991No. 89-7645PublishedCited by 3,605 opinions
1Judgment of the CourtJustice Kennedy
Petitioner Dionisio Hernandez asks us to review the New York state courts’ rejection of his claim that the prosecutor in his criminal trial exercised peremptory challenges to exclude Latinos from the jury by reason of their ethnicity. If true, the prosecutor’s discriminatory use of peremptory strikes would violate the Equal Protection Clause as interpreted by our decision in Batson v. Kentucky, 476 U. S. 79 (1986). We must determine whether the prosecutor offered a race-neutral basis for challenging Latino potential jurors and, if so, whether the state courts’ decision to accept the…
2Cases cited40 opinions
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- Wainwright v. WittSupreme Court of the United States · 1985
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3Cited by3,605 opinions
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