finding a prima facie case from the striking of a single African-American juror in the context of the case, which involved a white supremacist on trial for killing a African-American man and the venire contained only three African-American members
How later courts described this case
- finding a prima facie case from the striking of a single African-American juror in the context of the case, which involved a white supremacist on trial for killing a African-American man and the venire contained only three African-American members
- holding that the district court could consider the subject matter of the case being tried and the racial composition of the venire members
- quot- ing 18 U.S.C. § 1959 (a)(1)
Written by the judges who cited it.
The opinion
JORDAN, Circuit Judge,
concurring.
Except as to the discussion and resolution of the Batson claim, I join the majority opinion. As to the Batson claim, I concur in the judgment. Although the district court initially (and improperly) appeared to use the cause standard when sustaining the government’s Batson challenge to the defense’s peremptory strike of JMD, see Trial Transcript [D.E. 207] at 342, it later confirmed, see Trial Transcript [D.E. 209] at 10, that it did not believe that defense counsel’s proffered reason for the strike of JMD was genuine. On this record, that finding of pretext was not clearly erroneous.