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Dissent, Judge William A. Fletcher
Dissent, Judge William A. Fletcher
Golden Gate University Law Review
No abstract provided.
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
"On Certiorari To The Ninth Circuit Court Of Appeals": The Supreme Court's Review Of Ninth Circuit Cases During The October 2006 Term, Jessica L. Hannah, Kevan P. Mclaughlin
Golden Gate University Law Review
Whether reversed, affirmed, vacated, or remanded, a review of the interaction between the two courts over twenty-two cases reveals several fundamental differences between the two courts on key issues. This Comment examines these differences by exploring twenty of those decisions and how they illustrate the relationship between the Ninth Circuit and Supreme Court. Part I examines the decisions that arose from the Supreme Court's review of Ninth Circuit decisions. Part II ties these decisions and conclusions into a larger motif emerging between the Ninth Circuit and Supreme Court, and Part III ultimately concludes that the future is likely to continue …
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Voir Dire Racial Discrimination Under A "Comparative Juror Analysis" In Kesser V. Cambra, Andje Morovich
Golden Gate University Law Review
In Kesser v. Cambra, the en banc Ninth Circuit panel held that a California State Prosecutor's justifications for peremptory challenges during jury voir dire were pretexts for purposeful discrimination. The Ninth Circuit concluded that the California Court of Appeal failed to apply the proper Supreme Court test under Batson v. Kentucky to determine whether the prosecutor's nonracial motives were pretextual. Applying a "comparative juror analysis" (comparing the characteristics of a stricken juror with an impaneled juror), the Ninth Circuit majority held that the California Court of Appeal improperly relied solely on the prosecutor's own self-serving testimony as to his race-neutral …