BOOKER v. JABE

No. 83-1136.

775 F.2d 762 (1985)

Larry BOOKER, Petitioner-Appellant, v. John JABE, Warden, Kinross Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 29, 1985.


Attorney(s) appearing for the Case

Chari Grove, Detroit, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Michigan, Eric J. Eggan, Edgar L. Church, Jr., Asst. Atty. Gen., Corrections Division, argued, Lansing, Mich., for respondent-appellee.

Before MERRITT and JONES, Circuit Judges, and BELL, District Judge.


NATHANIEL R. JONES, Circuit Judge.

This appeal from denial of a petition for a writ of habeas corpus concerns the systematic use of peremptory challenges, in a single criminal prosecution, to excuse members of a jury venire from service on a state petit jury solely on the basis of their race. The decisive legal issues are whether the selection of the jury by the prosecutor and defense counsel violated either the Fourteenth Amendment's guarantee of equal protection...

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