Block on Trump's Asylum Ban Upheld by Supreme Court
In a capital murder case, district court's judgment denying defendant a writ of habeas corpus is affirmed where: 1) defendant failed to rebut by clear and convincing evidence the presumption that the state's peremptory strikes in jury selection of the guilt phase were race-neutral; and 2) state's race-neutral reasons for exercising peremptory strikes at the penalty phase was not pretextual, and thus not contrary to clear and convincing evidence or unreasonable.
Submitted: January 15, 2008
Filed: August 19, 2009
Opinion by Judge Colloton