Legal Opinion

Brett Epps v. Commissioner of Correctional Services

Court of Appeals for the Second Circuit

Decided January 11, 1994No. 846, Docket 93-2427PublishedCited by 23 opinions

1Opinion of the Court

JON O. NEWMAN, Chief Judge:

Brett Epps appeals from the June 24, 1993, judgment of the District Court for the Southern District of New York (Sonia Soto-mayor, Judge) dismissing, on recommendation of Magistrate Judge Kathleen A. Roberts, his petition for habeas corpus to challenge his state court conviction. He alleged that the prosecutor used peremptory challenges in a racially discriminatory manner. The District Court ruled that Epps’s claim had been procedurally forfeited for failure to raise the issue during jury selection. Epps contends that procedural default should not be invoked because…

2Cases cited16 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Griffith v. KentuckySupreme Court of the United States · 1987
  4. Harris v. ReedSupreme Court of the United States · 1989
  5. Ylst v. NunnemakerSupreme Court of the United States · 1991

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

3Cited by23 opinions

  1. Otis Glenn, A/K/A Sammy McBride v. George Bartlett, Superintendent of Elmira Correctional FacilityCourt of Appeals for the Second Circuit · 1996
  2. Herrera v. ArtuzDistrict Court, S.D. New York · 2001
  3. Beverly v. WalkerDistrict Court, N.D. New York · 1995
  4. Grace v. ArtuzDistrict Court, E.D. New York · 2003
  5. Sanford v. BurgeDistrict Court, E.D. New York · 2004

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

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