Gerald Duane Garrett v. Terry Morris and Attorney General of the State of Missouri

ARNOLD, Circuit Judge.

This is an appeal from an order of the District Court denying Gerald Duane Garrett’s 28 U.S.C. § 2254 petition for a writ of habeas corpus. Garrett argues, among other things, that the State’s exercise of its peremptory challenges to exclude all black jurors from the petit jury panel at his murder trial violated his Sixth and Fourteenth Amendment rights. Because the record in this case demonstrates that the prosecutor used his peremptory challenges in an im-permissibly discriminatory manner, we hold that Garrett’s constitutional rights were violated. Accordingly, we…