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The 2nd U.S. Circuit Court of Appeals has affirmed a writ of habeas corpus that a district court judge granted to a convicted murderer who argued that the prosecution's use of peremptory challenges during jury selection was based on race. At the same time, however, the circuit ruled that the lower court abused its discretion when it granted the man a new trial absent a hearing to determine if those challenges were unlawful.
October 16, 2003 at 12:00 AM
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The original version of this story was published on Law.Com
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