A federal appeals court has ordered a new look at a prosecutor's explanation that he struck a woman from a jury due to her size. Seth Dolphy maintains that his drug and weapon convictions should be vacated because the prosecutor used the juror's weight as a pretext to discriminate against the woman, who was the only black person on the jury. When the defense objected to the challenge of the juror, the prosecutor said he didn't select overweight people because they "tend to be very sympathetic toward any defendant."
2nd Circuit Questions Prosecutor's Obesity Explanation for Striking Juror
New York Law Journal
January 14, 2009