MESSIAH v. DUNCAN

Docket No. 04-5311 PR.

435 F.3d 186 (2006)

Kassan Supreme MESSIAH, Petitioner-Appellant, v. Phillip DUNCAN, Superintendent of Great Meadow Correctional Facility, Eliot Spitzer, Attorney General of the State of New York, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 19, 2006.


Attorney(s) appearing for the Case

Randall D. Unger, Bayside, NY, for Petitioner-Appellant.

Joseph M. Latino, Assistant District Attorney (Jeanine Pirro, District Attorney of Westchester County, Richard E. Weill, Chief Assistant District Attorney, Diane E. Selker, Assistant District Attorney, on the brief), Westchester County District Attorney's Office, White Plains, NY, for Respondents-Appellees.

Before: JACOBS, CABRANES and SACK, Circuit Judges.


Judge JACOBS concurs in a separate opinion.

JOSÉ A. CABRANES, Circuit Judge.

We consider here whether a trial court must make particularized findings in order to render a proper ruling on a challenge to the peremptory strike of a jury panelist brought pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We hold that a trial court can fulfill its duty to rule at the so-called "step three...

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