SCOTUS reversed the Ninth Circuit (for the 10th time this term) in a scolding per curiam opinion. Seems the Ninth Circuit disregarded the findings of the state trial court, state court of appeals and federal district judge, all of whom found the prosecutor's peremptory challenges sufficiently explained to avoid a Batson challenge.

Details.

Quote from opinion: "The state appellate court�s decision was plainly not unreasonable. There was simply no basis for the Ninth Circuit to reach the opposite conclusion, particularly in such a dismissive manner." The Ninth Circuit bends over backwards to assist the defense and barely pays lip-service to any contrary arguments. The Ninth Circuit is really out there!

Our Tenth Court of Appeals (at least when Chief Justice Grey dissents) has been somewhat of our state court counterpart before the CCA. But possibly that is changing.

[This message was edited by John A. Stride on 03-22-11 at .]