United States v. Hurn

I concur in the result. This ease is fact specific, thus it is not inconsistent with our prior case law and federal practice, which provide that “in the event ... post-trial proof becomes necessary to decide a Batson [v. Kentucky1] issue, we [should] not rule out consideration of a clearly articulated affidavit.”2 Where there is no challenge to the reason given or to the party’s credibility, an affidavit,3 sidebar conference,4 or in camera procedure may be sufficient5 without ordering a hearing pursuant to United States v. DuBay.6. 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).. United…