"Defendants made a prima facie showing that the Government's first peremptory strike
was exercised on the basis of race by identifying Prospective Juror 14 as a woman of Indian descent who was 'the only Indian woman on the panel,' and the same race as Defendant [John] Kapoor.
As a threshold matter, a peremptory strike
of a juror that even appears to be based on any protected classification risks a "Batson challenge" under the seminal U.S.
On appeal from his convictions for two counts of first-degree aggravated robbery, appellant argued that he was entitled to a new trial because the District Court (1) committed reversible error by denying his Batson challenge to the state's peremptory strike
of the only African-American in the jury pool, and (2) abused its discretion in denying his motion for a new trial for juror misconduct.
2002) (holding that defendant failed to preserve challenge to peremptory strike
for review because he did not renew his objection before the jury was sworn).
(102) Specifically, the Ninth Circuit has found that "[a] prosecutor's sexually discriminatory peremptory strike
also violates the defendant's right to equal protection of the laws because the defendant is entitled to be tried by a jury chosen pursuant to nondiscriminatory criteria." (103) The North Dakota Supreme Court remanded the case and held that gender-based peremptory challenges violate equal protection.
One of the most pervasive sources for state exclusion of jurors is prosecutorial discretion injury selection and peremptory strike
. (63) In Swain v.
(1) This study goes behind the outcomes of peremptory strike
decisions documented in our earlier work to examine the process that produces those decisions.
First, the moving party must establish that a peremptory strike
was based on purposeful discrimination.
2012) ("The party exercising a peremptory strike
typically does not have to explain its rationale for the strike, unless the strike is challenged under Batson.").
"Moreover, the rule that Yulee envisions could create a perverse incentive for litigants to make campaign contributions to judges solely as a means to trigger their later recusal--a form of peremptory strike
against a judge that would enable transparent forum shopping."
This would be a helpful tool when deciding whether a juror is worth a valuable peremptory strike
. For example, a prosecutor could feel more comfortable with a juror that seems like a promising supporter of the defense if there is a decent chance that juror could be easily swayed in a different direction.
Hogan's failure to disclose the Seagate suit raises issues of bias that Samsung should have been allowed to explore in questioning," it said, adding that this would have triggered a motion to strike him from the list of jurors, either for cause or as a peremptory strike