Legal Opinion

Billy v. Cunningham

District Court, E.D. New York

Decided June 3, 2013No. 13-CV-1179Published

1Opinion of the Court

MEMORANDUM, ORDER, AND JUDGMENT

JACK B. WEINSTEIN, Senior District Judge:

Petitioner is confined in a state prison following his conviction of assault in the first degree and criminal possession of a weapon in the second degree.

He argues that his conviction was constitutionally tainted because the trial court improperly rejected a peremptory challenge asserted by his counsel on the ground that it was impermissibly discriminatory on the basis of national origin in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). See Reply Mem. L. Further Supp. Pet’r.’s Pet. for…

2Cases cited7 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. Thiel v. Southern Pacific Co.Supreme Court of the United States · 1946
  4. United States v. DouglasCourt of Appeals for the Second Circuit · 2008
  5. People v. WellsNew York Court of Appeals · 2006

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