Legal Opinion

Pemberthy v. Beyer

Court of Appeals for the Third Circuit

Decided March 16, 1994No. Nos. 92-5633, 92-5641PublishedCited by 70 opinions

1Opinion of the Court

OPINION OF THE COURT

ALITO, Circuit Judge:

The State of New Jersey has appealed from two orders of the district court granting Gabriel Pemberthy’s and Rigoberto Monca-da’s petitions for writs of habeas corpus. The district court held that the prosecutor at the petitioners’ joint trial violated their equal protection rights by peremptorily challenging five prospective jurors. After conducting a hearing regarding the prosecutor’s reasons for these challenges, the district court held that the prosecutor had dismissed the jurors in question simply because they were Latinos and not because of a…

2Cases cited28 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  5. Meyer v. NebraskaSupreme Court of the United States · 1923

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3Cited by70 opinions

  1. Holloway v. HornCourt of Appeals for the Third Circuit · 2004
  2. Szuchon v. LehmanCourt of Appeals for the Third Circuit · 2001
  3. United States v. Marius CanoyCourt of Appeals for the Seventh Circuit · 1994
  4. Leroy Buhl v. Mr. Cooksey, Warden Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 2000
  5. Flamer v. State of DelawareCourt of Appeals for the Third Circuit · 1995

65 more not listed; retrieve them via the Exa API.

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