BATSON v. KENTUCKY

No. 84-6263.

476 U.S. 79 (1986)

BATSON v. KENTUCKY

Supreme Court of United States.

Decided April 30, 1986


Attorney(s) appearing for the Case

J. David Niehaus argued the cause for petitioner. With him on the briefs were Frank W. Heft, Jr., and Daniel T. Goyette.

Rickie L. Pearson, Assistant Attorney General of Kentucky, argued the cause for respondent. With him on the brief were David L. Armstrong, Attorney General, and Carl T. Miller, Jr., Assistant Attorney General.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Fried, Assistant Attorney General Trott, and Sidney M. Glazer.*

Robert E. Weiss, Donald A. Kuebler, Robert J. Miller, and Jack E. Yelverton filed a brief for the National District Attorneys Association, Inc., as amicus curiae urging affirmance.

Briefs of amici curiae were filed for the National Legal Aid and Defender Association by Patricia Unsinn; and for Elizabeth Holtzman by Elizabeth Holtzman, pro se, and Barbara D. Underwood.


JUSTICE POWELL delivered the opinion of the Court.

This case requires us to reexamine that portion of Swain v. Alabama, 380 U.S. 202 (1965), concerning the evidentiary burden placed on a criminal defendant who claims that he has been denied equal protection through the State's use of peremptory challenges to exclude members of his race from the petit jury.1

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