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With a document that instructed prosecutors to keep minorities off juries and a command by the U.S. Supreme Court to review his case, it appeared that Thomas Miller-El's death row habeas writ was the most viable Batson appeal in years. Nevertheless, the 5th Circuit has found no evidence of racial discrimination in the 1986 capital murder trial. Said one defender: "If a case like this doesn't win, it's hard to imagine how you could prove a Batson violation."
March 08, 2004 at 12:00 AM
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The original version of this story was published on Law.Com
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