Legal Opinion
People v. Moten
New York Supreme Court
Decided July 12, 1993PublishedCited by 15 opinions
1Opinion of the Court
OPINION OF THE COURT
David Goldstein, J.
ISSUES
The novel issues concern the procedure to be followed during jury selection, where a Batson (Batson v Kentucky, 476 US 79) or Kern (People v Kern, 75 NY2d 638, cert denied 498 US 824) challenge is made and it appears that there may be a developing discriminatory pattern, particularly where no race-neutral, nonpretextual reason is given. In other words, should prospective jurors, who may have been the subject of discrimination, be retained during future rounds, separate from sworn jurors, in the event their services are needed as a result of what…
2Cases cited10 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- People v. HernandezNew York Court of Appeals · 1990
- People v. KernNew York Court of Appeals · 1990
- People v. ChildressNew York Court of Appeals · 1993
- People v. BollingNew York Court of Appeals · 1992
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- United States v. Charles W. Walker, Sr.Court of Appeals for the Eleventh Circuit · 2007
- State v. NelsonSupreme Court of Louisiana · 2012
- People v. RiveraAppellate Court of Illinois · 1999
- People v. McLeodAppellate Division of the Supreme Court of the State of New York · 2001
- Jones v. StateCourt of Appeals of Maryland · 1996
10 more not listed; retrieve them via the Exa API.