Legal Opinion
People v. Smocum
New York Court of Appeals
Decided February 25, 2003PublishedCited by 200 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This appeal spotlights the three-step test for determining whether peremptory challenges have been used to exclude potential jurors on account of race (see Batson v Kentucky, 476 US 79, 94-98 [1986]). As a first step, the moving party bears the burden of establishing a prima facie case of discrimination in the exercise of peremptory challenges. Second, the nonmoving party must give a race-neutral reason for each potential juror challenged. In step three, the court determines whether the reason given is merely a pretext for discrimination. Against this…
2Cases cited6 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. PayneNew York Court of Appeals · 1996
- People v. BollingNew York Court of Appeals · 1992
- Flanders Jordan v. Eugene S. LefevreCourt of Appeals for the Second Circuit · 2000
- People v. JamesNew York Court of Appeals · 2002
1 more not listed; retrieve them via the Exa API.
3Cited by200 opinions
- People v. HeckerNew York Court of Appeals · 2010
- Richardson v. GreeneCourt of Appeals for the Second Circuit · 2007
- Mittl v. New York State Division of Human RightsNew York Court of Appeals · 2003
- People v. RichardsonNew York Court of Appeals · 2003
- People v. WellsNew York Court of Appeals · 2006
195 more not listed; retrieve them via the Exa API.