Green v. Travis

294 F. Supp. 2d 296, 2003 U.S. Dist. LEXIS 22585, 2003 WL 22964026

• Court: District Court, E.D. New York
• Decided: October 1, 2003
• Docket: 2:02-cv-06016
• Status: Published

Opinion

ORDER

WEINSTEIN, Senior District Judge.

This petition was filed on November 13, 2002. Petitioner, represented by counsel, claims:

Conviction [was] obtained by prosecutor’s discriminatory use of peremptory challenge during jury selection in violation of constitutional rights to equal protection under the law.

Supporting Facts:

At trial, the prosecutor exercised each of his first five peremptory challenges to exclude minority jurors. Defense counsel made a Batson motion asserting that the prosecutor’s pattern of exclusion established a prima facie case of discrimination. The trial court, wrongly concluding that a prima facie case of discrimination had not been established, failed to require the prosecution to provide race-neutral reasons for her challenges. Therefore, the subsequent conviction was obtained in violation of defendant’s constitutional rights.

Oral argument is set for November 6th at 9:30 a.m. in courtroom 10, Brooklyn Courthouse. Petitioner shall be present by telephone.

If a party will produce experts, documents or other evidence at the hearing, one week’s notice shall be given with a copy of any document attached. The name, professional resume’, and a summary of the testimony expected of an expert shall be provided. Other testimony expected shall be summarized. Parties may arrange for depositions.

SO ORDERED.