Supreme Court of United States.https://leagle.com/images/logo.png
Argued October 14, 1986
Decided January 13, 1987
Attorney(s) appearing for the Case
J. Vincent Aprile II argued the cause for petitioner in No. 85-5221. With him on the brief were Larry H. Marshall and JoAnne M. Yanish. Fred Haddad argued the cause and filed a brief for petitioner in No. 85-5731.
Paul W. Richwalsky, Jr., Assistant Attorney General of Kentucky, argued the cause for respondent in No. 85-5221. With him on the brief were David L. Armstrong, Attorney General, and David K. Martin, Assistant Attorney General. Deputy Solicitor General Bryson argued the cause for the United States. With him on the brief were Solicitor General Fried, Assistant Attorney General Trott, and Roy T. Englert, Jr.†
Frances Baker Jack filed a brief for the National Association of Criminal Defense Lawyers, Inc., as amicus curiae in both cases.
Briefs of amici curiae in No. 85-5221 were filed for the State of North Carolina et al. by Lacy H. Thornburg, Attorney General of North Carolina, Joan H. Byers, Special Deputy Attorney General, Charles A. Graddick, Attorney General of Alabama, Robert K. Corbin, Attorney General of Arizona, John Steven Clark, Attorney General of Arkansas, John I. Kelly, Chief State's Attorney of Connecticut, Charles M. Oberly, Attorney General of Delaware, Corinne K. A. Watanabe, Attorney General of Hawaii, Neil F. Hartigan, Attorney General of Illinois, Linley E. Pearson, Attorney General of Indiana, Thomas J. Miller, Attorney General of Iowa, Robert T. Stephan, Attorney General of Kansas, William J. Guste, Jr., Attorney General of Louisiana, Stephen H. Sachs, Attorney General of Maryland, Edwin L. Pittman, Attorney General of Mississippi, William L. Webster, Attorney General of Missouri, Michael Turpen, Attorney General of Oklahoma, Travis Medlock, Attorney General of South Carolina, W. J. Michael Cody, Attorney General of Tennessee, Jim Mattox, Attorney General of Texas, David L. Wilkinson, Attorney General of Utah, Mary Sue Terry, Attorney General of Virginia, and Archie G. McClintock, Attorney General of Wyoming; for the Lawyers' Committee for Civil Rights under Law by Barry Sullivan, Marshall J. Schmitt, Harold R. Tyler, Jr., James Robertson, Norman Redlich, William L. Robinson, and Judith A. Winston; and for the National Legal Aid and Defender Association by Patricia Unsinn.
Supreme Court of United States.
JUSTICE BLACKMUN delivered the opinion of the Court.
These cases, one state and one federal, concern the retrospective application of Batson v. Kentucky,476 U.S. 79 (1986).
In Batson, 476 U. S., at 96-98, this Court ruled that a defendant in a state criminal trial could establish a prima facie case of racial discrimination violative of the Fourteenth Amendment...
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