Edwin Galarza v. John P. Keane, Sing Sing Correctional Facility

JOHN M. WALKER, Jr., Chief Judge,

dissenting:

Unlike the majority, I believe that, by failing to object at trial to the deficiencies in the trial court’s findings on his challenge under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), petitioner-appellant Galarza has forfeited his claim based on those deficiencies.1 Accordingly, I respectfully dissent.

This case is a paradigmatic example of the value of timely objection to asserted error. Eleven years after the fact and several institutional levels removed from the state trial court, Galarza now puts us to the task of…