Legal Opinion · Concurrence

United States v. Moore

Court of Appeals for the D.C. Circuit

Decided July 29, 2011No. 05-3050, 05-3051, 05-3052, 05-3053, 05-3054, 05-3064Published

1ConcurrenceRogers, Circuit Judge

In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the Supreme Court announced a three-part analysis to identify whether racial discrimination had motivated peremptory challenges in jury selection. First, the defendant must establish a prima facie case by showing that “the totality of the relevant facts gives rise to an inference of discriminatory purpose,” with respect to either a particular peremptory strike or a pattern of strikes. Id. at 93-94, 106 S.Ct. 1712. Second, the prosecutor must “come forward with a neutral explanation for challenging [the] jurors,” not…

2Cases cited23 opinions

  1. Miller-El v. CockrellSupreme Court of the United States · 2003
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  5. Hernandez v. New YorkSupreme Court of the United States · 1991

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