Batson Claim Made Retroactive in 9th Circuit

It is not a new rule that peremptory challenges 'motivated in substantial part' are unconstitutional, it is therefore applicable retroactively.

 

Crittendon v. Chappell, 2015 BL 351088, 9th Cir., 13-17327, 10/26/15

    When reviewing challenges to peremptory juror strikes other circuits have used a 'mixed motives' analysis using other areas of equal protection law. However, the Ninth Circuit ruled in Cook v. LaMarque, 593 F.3d 810 (9th Cir. 2010) that when judge reviews Batson challenges, they should look at whether the proponent of the strike was 'motivated in substantial part' by race and discriminatory intent.

    The court here determined that the rule announced in Cook is not a new one, and can therefore be used to overturn the defendant's conviction from 1989.  Cook only clarified a rule that already existed, and can, under the Teague v. Lane, 489 U.S. 288 (1989) test, be applied retroactively.

http://www2.bloomberglaw.com/public/desktop/document/Crittenden_v_Chappell_No_1317327_2015_BL_351088_9th_Cir_Oct_26_20