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The passage of time and a lower court's inability to assess in retrospect whether a prosecutor's peremptory challenge to black jurors was based on race has led the 2nd U.S. Circuit Court of Appeals to order new trials for two men. The court said that absent the information it sought on the motives behind the strikes, jury selection was apparently tainted by an impermissible challenge in violation of Batson v. Kentucky .
February 24, 2003 at 12:00 AM
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