Legal Opinion
Dolphy v. Mantello
Court of Appeals for the Second Circuit
Decided January 9, 2009No. Docket 03-2738-pr(L), 05-1206-pr(Con)PublishedCited by 113 opinions
1Opinion of the Court
DENNIS JACOBS, Chief Judge:
Seth Dolphy appeals from an Order of the United States District Court for the Northern District of New York (Kahn, J.) dismissing his petition for habeas corpus relief under 28 U.S.C. § 2254. During jury selection in Dolphy’s state court trial on drug, weapon, and attempted assault charges, the prosecution used a peremptory challenge to strike the only African-American in the jury pool. Dolphy, who is African-American, objected through counsel on Batson grounds. The explanation given by the prosecution was that the juror was obese. The trial judge denied the Batson…
2Cases cited8 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Flanders Jordan v. Eugene S. LefevreCourt of Appeals for the Second Circuit · 2000
- People v. DolphyAppellate Division of the Supreme Court of the State of New York · 1999
- Edwin Galarza v. John P. Keane, Sing Sing Correctional FacilityCourt of Appeals for the Second Circuit · 2001
- Messiah v. DuncanCourt of Appeals for the Second Circuit · 2006
3 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Fischer v. SmithCourt of Appeals for the Second Circuit · 2015
- Wilson v. MazzucaCourt of Appeals for the Second Circuit · 2009
- Portalatin v. GrahamCourt of Appeals for the Second Circuit · 2010
- Brown v. GreeneCourt of Appeals for the Second Circuit · 2009
- Kimbrough v. BradtDistrict Court, N.D. New York · 2013
108 more not listed; retrieve them via the Exa API.