SCOTUS grants review to another capital case

This wikilog article is a draft, it was not published yet.

by: Ryan • May 26, 2015 • no comments

The question presented is:

Whether the Georgia courts erred in failing to recognize race discrimination under Batson v. Kentucky in the extraordinary circumstances of this death penalty case.

Here's a notable quote from the petitioner's reply brief:

Georgia declines to acknowledge many of the notes at issue. It makes no attempt to explain the juror questionnaires on which the prosecution circled the word "BLACK," the pages on which the prosecution identified black prospective jurors as "B#l," "B#2," and "B#3," or the strike lists that contradict the "race- neutral" explanation provided by the prosecution for the strike of black prospective juror Marilyn Garrett. Those notes provide powerful evidence of discrimination, all unrebutted by Georgia.

The case is Foster v. Humphrey. Briefs can be found here.