Legal Opinion

Robert C. Walker v. Roy A. Girdich, Superintendent of Franklin Correctional Facility

Court of Appeals for the Second Circuit

Decided June 8, 2005No. Docket 03-2645PublishedCited by 13 opinions

1Opinion of the Court

JACOBS, Circuit Judge.

Petitioner-Appellant Robert C. Walker appeals from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.), rejecting Walker’s Batson challenge to the alleged exclusion of African-Americans from the jury in his state trial and denying on that basis Walker’s petition for habeas relief pursuant to 28 U.S.C. § 2254. A Batson motion is, assessed in three steps: (1) Has the movant made a prima facie case that the right of peremptory challenge has been exercised in a discriminatory manner? (2) Has the party exercising the challenge…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. United States v. Julio Cesar Vasquez-LopezCourt of Appeals for the Ninth Circuit · 1994
  4. Darnell Deberry v. Leonard A. PortuondoCourt of Appeals for the Second Circuit · 2005
  5. Eric Jenkins, Petitioner-Appellee-Cross-Appellant v. Christopher Artuz, Superintendent, Respondent-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2002

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

3Cited by13 opinions

  1. David Green v. Brion D. Travis, Chairman, New York State Division of Parole, Eliot L. Spitzer, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2005
  2. United States v. DouglasCourt of Appeals for the Second Circuit · 2008
  3. Abu-Jamal v. HornCourt of Appeals for the Third Circuit · 2008
  4. Porter v. Coyne-FagueCourt of Appeals for the First Circuit · 2022
  5. Brown v. AlexanderCourt of Appeals for the Second Circuit · 2008

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

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