Legal Opinion

State v. Donaghy

Supreme Court of Vermont

Decided December 8, 2000No. 99-405PublishedCited by 8 opinions

1Opinion of the Court

Dooley J.

Defendant Kenneth Donaghy appeals from his conviction of domestic assault under 13 V.S.A. § 1042. He seeks a new trial on the grounds that: (1) the evidence was insufficient to prove the element of “attempt” beyond a reasonable doubt, and (2) the trial court failed to properly consider his challenge, under Batson v. Kentucky, 476 U.S. 79 (1986), to the prosecutor’s pattern of gender-based peremptory jury challenges. On the second point, defendant argues that the trial court failed to make findings, required by Batson, on whether he had established a prima facie case, and then failed…

2Cases cited20 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. J. E. B. v. Alabama ex rel. T. B.Supreme Court of the United States · 1994
  5. Georgia v. McCollumSupreme Court of the United States · 1992

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3Cited by8 opinions

  1. Edmonds v. StateCourt of Appeals of Maryland · 2002
  2. People v. BellMichigan Court of Appeals · 2004
  3. People v. BellMichigan Court of Appeals · 2004
  4. State v. DonaghySupreme Court of Vermont · 2000
  5. State v. GregoryCourt of Appeals of Wisconsin · 2001

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

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