Green v. Travis

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.