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U.S. v. RUTLEDGE

No. 10-2734.

648 F.3d 555 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony RUTLEDGE, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2011.

Attorney(s) appearing for the Case

Doris L. Pryor (argued), Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee.

William E. Marsh , Juval O. Scott (argued), Attorneys, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant.

Before BAUER, WOOD, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

At the jury selection preceding Anthony Rutledge's criminal trial, the prosecutor used peremptory challenges to strike the only two African-American members in the venire. Suspecting that these actions violated the Equal Protection Clause, Rutledge's attorney objected to the strikes using the three-step procedure established in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)....

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