ASPEN v. BISSONNETTE

No. 06-1615.

480 F.3d 571 (2007)

Richard V. ASPEN, Petitioner, Appellant, v. Lynn BISSONNETTE, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided March 21, 2007.


Attorney(s) appearing for the Case

Daniel J. Johnedis was on brief for petitioner.

Randall E. Ravitz, Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief for respondents.

Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.


HOWARD, Circuit Judge.

In 1998, Massachusetts state prisoner Richard Aspen was convicted of raping and sexually assaulting his stepdaughter. During the selection of the petit jury, Aspen claimed that the prosecutor exercised her peremptory challenges to exclude potential male jurors in violation of the Equal Protection Clause of the Fourteenth Amendment, as interpreted in Batson v. Kentucky, 476 U.S. 79, 85, 106 S.Ct. 1712, 90...

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