Litigation
Nov. 24, 2015
Prosecutor's memory lapse yields habeas relief
A prosecutor's failure to recall his reasons for striking a prospective black juror years earlier led the 9th Circuit to grant habeas relief
By Matthew Hamity
A prosecutor's failure to recall his reasons for striking a prospective black juror and his vague guesses as to why he may have done so were insufficient to overcome a convicted robber's evidence of discrimination, a unanimous 9th U.S. Circuit Court of Appeals panel held Friday.
Though 9th Circuit reversals of California habeas decisions have become the norm of late, the opinion had some unsual twists, including a finding of multiple errors by Ju...
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