Batson Challenges: Litigator's Casebook (Criminal Law Series)

This casebook contains 163 federal court of appeals decisions that review Batson challenges in criminal cases. The selection of decisions spans from 2005 through the date of publication and is organized by federal circuit. The most cited decisions appear first in each section.

Under Batson, 476 U.S. at 96-99, peremptory challenges may not be exercised to exclude jurors based on race or ethnicity. See Hernandez v. New York, 500 U.S. 352, 355 (1991). Batson sets out a three-step process for a district court to follow when deciding whether a peremptory challenge was improperly exercised:

First, a defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; second, if that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and third, in light of the parties' submissions, the trial court must determine whether the defendant has shown purposeful discrimination.
Snyder v. Louisiana, 552 U.S. 472, 476-77; US v. Kindt, (10th Cir. 2012)