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The U.S. Supreme Court did not intend the amount of disparity necessary to prove purposeful discrimination in the jury venire in violation of the Equal Protection Clause to be different from the amount of disparity necessary to make a prima facie case under Rose. In the present case, the court finds an absolute disparity of 9.4 percent is insufficient to make out a prima facie equal protection violation under Rose.
May 31, 2004 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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