Walker v. Girdrich, Docket No. 03-2645 (June 8, 2005) (Jacobs, Calabresi (C.J.J.) and Rakoff (D.J.)), (Op.by Jacobs).
Presaging the United States Supreme Court’s Miller-El decision by just five days, the Court of Appeals here rejected a state prosecutor’s reason for striking single black prospective juror, and granted the petitioner’s writ.
Facts
Tried in the New York Supreme Court, Kings County, on drug charges, Robert Walker lodged a
Batson objection after the prosecutor used twelve of thirteen peremptory challenges to remove African-Americans from the venire, alleging that the strikes were the product of purposeful discrimination. The trial judge concluded that there was no ‘pattern’ of discrimination, but invited the prosecutor to give her reason for striking the juror in question, Bernard Jones, who had not yet been discharged. The prosecutor indicated, inter alia, that Mr. Jones “gave one word answers” and was concerned about missing work, but noted that her “main …