The 9th Circuit shouldn't have second-guessed a superior court judge's approval of a peremptory challenge in a California drug case, according to the U.S. Supreme Court. In a unanimous opinion Wednesday, the Court found that a 9th Circuit panel, overstepping its bounds, had "improperly substituted its evaluation of the record for that of the state trial court. One attorney said the opinion decreases the "wiggle room" for federal habeas corpus courts considering Batson appeals.
January 20, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The 9th U.S. Circuit Court of Appeals shouldn’t have second-guessed a superior court judge’s approval of a peremptory challenge in a California drug case, according to the U.S. Supreme Court.
In a unanimous opinion reversing the lower court Wednesday, the Supreme Court found that a 9th Circuit panel, overstepping its bounds, had “improperly substituted its evaluation of the record for that of the state trial court.”
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