United States v. Cesar Yap Changco
Court of Appeals for the Ninth Circuit
1Opinion of the Court
KOZINSKI, Circuit Judge:
We consider how a defendant goes about establishing that a prosecutor’s race-neutral justifications for a peremptory strike are pre-textual.
Background
Changco was convicted by a jury of robbing a Post Office, carrying a firearm during a crime of violence and kidnapping. See 18 U.S.C. §§ 924(c)(1), 1201(a)(5), 2114. Although neither the government nor the defendant challenged any member of the venire for cause, each side exercised peremptory challenges. At issue are two of the prosecution’s peremptory strikes — Maldia and Delacruz. Upon initial questioning by the court,…
2Cases cited14 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Lowenfield v. PhelpsSupreme Court of the United States · 1988
- Georgia v. McCollumSupreme Court of the United States · 1992
- United States v. GagnonSupreme Court of the United States · 1985
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3Cited by52 opinions
- United States v. Stacey C. Koon, Cross-Appellee. United States of America v. Laurence M. Powell, Cross-AppelleeCourt of Appeals for the Ninth Circuit · 1994
- United States v. MooreCourt of Appeals for the D.C. Circuit · 2011
- Robert TURNER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- James E. McCurdy v. Montgomery County, OhioCourt of Appeals for the Sixth Circuit · 2001
- United States v. Ricardo MurilloCourt of Appeals for the Ninth Circuit · 2002
47 more not listed; retrieve them via the Exa API.