A federal appeals court is weighing whether a Massachusetts prosecutor’s exclusion of three young black men from a jury was constitutional. The state claims that it was because youth is “not a protected class.”

Attorneys for Dagoberto Sanchez asked the U.S. Court of Appeals for the First Circuit to reverse the Massachusetts Appeals Court’s April 2011 ruling affirming his conviction. The Supreme Judicial Court of Massachusetts and the U.S. Supreme Court each declined to review that ruling in a first round of appeals. The First Circuit heard the case on Thursday.

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