Legal Opinion
People v. Mims
Appellate Division of the Supreme Court of the State of New York
Decided May 27, 1988PublishedCited by 5 opinions
1Opinion of the Court
*930In Batson v Kentucky (476 US 79), the Supreme Court held that a prosecutor could not use peremptory challenges to exclude persons of the same cognizable racial group as defendant solely on the basis of race, and the Supreme Court has since held that the Batson ruling applies to all cases pending on direct appeal (Griffith v Kentucky, 479 US 314, 93 L Ed 2d 649).
We find that defendant set forth facts sufficient for a prima facie showing that peremptory challenges were exercised in a racially discriminatory manner, thereby shifting the burden to the prosecutor to provide neutral explanations…
2Cases cited5 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Griffith v. KentuckySupreme Court of the United States · 1987
- People v. ScottNew York Court of Appeals · 1987
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 1987
- People v. KnightAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Reyes v. GreinerDistrict Court, E.D. New York · 2004
- People v. HassellAppellate Division of the Supreme Court of the State of New York · 1989
- People v. MimsAppellate Division of the Supreme Court of the State of New York · 1989
- People v. SandyAppellate Division of the Supreme Court of the State of New York · 1989
- Grate v. StinsonDistrict Court, E.D. New York · 2002