A claim that long-standing U.S. Supreme Court precedent barring racially-based challenges to prospective jurors does not apply where black defendants exercise peremptory challenges against white jurors has been rejected by the 2nd U.S. Circuit Court of Appeals.

The two-judge panel also ruled that an improper motive for a challenge by one attorney out of several in a multidefendant case can be enough to violate the principle of Batson v. Kentucky, 476 U.S. 79 (1986).

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