Legal Opinion
David Green v. Brion D. Travis, Chairman, New York State Division of Parole, Eliot L. Spitzer, Attorney General of the State of New York
Court of Appeals for the Second Circuit
Decided July 7, 2005No. Docket 04-0426-PRPublishedCited by 149 opinions
1Opinion of the Court
SOTOMAYOR, Circuit Judge:
Petitioner David Green (“petitioner”) appeals the denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We hold that our review of Green’s claim under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), is not barred by procedural default; that the Appellate Division unreasonably determined the facts concerning petitioner’s Batson challenge; that reconstruction of the prosecutor’s non-discriminatory reasons for peremptorily challenging certain minority jurors was possible; and that Green failed to establish his Batson claim by a…
2Cases cited37 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Batson v. KentuckySupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Powers v. OhioSupreme Court of the United States · 1991
- Purkett v. ElemSupreme Court of the United States · 1995
32 more not listed; retrieve them via the Exa API.
3Cited by149 opinions
- Luis Jimenez v. Hans Walker, Superintendent of Auburn Correctional FacilityCourt of Appeals for the Second Circuit · 2006
- Borden v. AllenCourt of Appeals for the Eleventh Circuit · 2011
- Murden v. ArtuzCourt of Appeals for the Second Circuit · 2007
- Whitley v. ErcoleCourt of Appeals for the Second Circuit · 2011
- Victor Monroe v. Robert H. Kuhlman, Superintendent, Sullivan Correctional FacilityCourt of Appeals for the Second Circuit · 2006
144 more not listed; retrieve them via the Exa API.