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MILLER-EL v. COCKRELL

No. 01-7662.

537 U.S. 322 (2003)

MILLER-EL v. COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Supreme Court of United States.

Decided February 25, 2003.

Attorney(s) appearing for the Case

Seth P. Waxman argued the cause for petitioner. With him on the briefs were David W. Ogden, Robin A. Lenhardt, Jim Marcus, and Andrew Hammel.

Gena Bunn, Assistant Attorney General of Texas, argued the cause for respondent. With her on the brief were John Cornyn, Attorney General, Howard G. Baldwin, Jr., First Assistant Attorney General, Michael T. McCaul, Deputy Attorney General, and Edward L. Marshall, Charles A. Palmer, and Deni S. Garcia, Assistant Attorneys General.*

KENNEDY, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and STEVENS, O'CONNOR, SCALIA, SOUTER, GINSBURG, and BREYER, JJ., joined. SCALIA, J., filed a concurring opinion, post, p. 348. THOMAS, J., filed a dissenting opinion, post, p. 354.

JUSTICE KENNEDY delivered the opinion of the Court.

In this case we once again examine when a state prisoner can appeal the denial or dismissal of his petition for writ of habeas corpus. In 1986 two Dallas County assistant district attorneys used peremptory strikes to exclude 10 of the 11 African-Americans eligible to serve on the jury which tried petitioner Thomas Joe Miller-El. During the ensuing 17 years, petitioner has been unsuccessful in establishing, in either...

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