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BREWER v. MARSHALL

Nos. 96-2321, 97-1207.

119 F.3d 993 (1997)

Joey BREWER, Petitioner, Appellee, v. Clifford MARSHALL, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided July 21, 1997.

Attorney(s) appearing for the Case

Ellyn H. Lazar, Assistant Attorney General, Boston, MA, with whom Scott Harshbarger, Attorney General, was on brief, for appellant.

William A. Hahn, Boston, MA, with whom Hahn & Matkov was on brief, for appellee.

Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

Joey A. Brewer, an African American Boston police officer, was charged with the 1988 kidnapping and rape of a fifteen-year-old minority woman. During the jury impanelment for his state court trial, the prosecutor exercised three rounds of his peremptory challenges, including challenges to four black jurors. At the end of these three rounds, and after the prosecutor had announced himself satisfied, defense counsel objected on the ground that the...

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