Harris v. Hardy

Dist. Ct. erred in denying defendant’s habeas petition challenging his 1984 murder conviction on grounds that prosecutor exercised several peremptory challengers based on jurors' race in violation of Batson. While jury contained two African-American members, as well as one African-American alternate juror, record showed that prosecutor used disproportionate amount of challenges, i.e., 15 out of 20 to excuse African-American jurors, and state court failed to consider instant disproportionate use when determining any Batson violation. Moreover, with respect to at least five African-American jurors, some reasons for use of challenges proffered by prosecutor (i.e., fact that juror was teacher or married to teacher or had tenuous employment or other ties to community) either were not factually supported by record or were applied unequally to non-African-American jurors.