CAPERS v. SINGLETARY

No. 92-4016.

989 F.2d 442 (1993)

Lawrence CAPERS, Leonard Capers, Petitioners-Appellants, v. Harry K. SINGLETARY, as Secretary, Department of Corrections, State of Florida, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 23, 1993.


Attorney(s) appearing for the Case

Louis M. Jepeway, Jr., Miami, FL, for Lawrence Capers.

Bennett H. Brummer, P.D. and Elliot H. Scherker, Miami, FL, for Leonard Capers.

Robert W. Butterworth and Fariba N. Komeily, Asst. Atty. Gen., Miami, FL, for appellee.

Before KRAVITCH and BIRCH, Circuit Judges, and CLARK, Senior Circuit Judge.


BIRCH, Circuit Judge:

The defendants, Lawrence Capers and Leonard Capers, appeal from the denial of their habeas corpus petition by the district court. Because the defendants failed to establish a prima facie showing of purposeful discrimination in the state's use of peremptory challenges, we AFFIRM.

I. BACKGROUND

The defendants were convicted by a Florida jury of three counts of third degree murder. The charged offenses occurred during the McDuffie...

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