U.S. v. WATSON

Nos. 04-3082, 04-3090.

483 F.3d 828 (2007)

UNITED STATES of America, Appellant/Cross-Appellee v. Dwight W. WATSON, Appellee/Cross-Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 13, 2007.


Attorney(s) appearing for the Case

Roy W. McLeese, III, Assistant U.S. Attorney, argued the cause for appellant in 04-3082 and cross-appellee in 04-3090. With him on the briefs were Jeffrey A. Taylor, U.S. Attorney, and Jay I. Bratt, Attorney. David B. Goodhand, Assistant U.S. Attorney, entered an appearance.

A.J. Kramer, Federal Public Defender, argued the cause and filed the briefs for appellee in 04-3082 and cross-appellant in 04-3090.

Before: GINSBURG, Chief Judge, and RANDOLPH and ROGERS, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

The principal question in this appeal is whether the prosecutor's peremptory challenge of two visually impaired ("blind") jurors was lawful under the rule of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Watson contends that the rule established in Batson requiring heightened scrutiny of peremptory challenges on...

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