http://briefcase8.com/2009/12/08/whats-up-in-the-8th-48/ Case analysis with an attitude Wed, 23 May 2012 10:52:54 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://briefcase8.com/2009/12/08/whats-up-in-the-8th-48/comment-page-1/#comment-65589 Jeff Gamso Tue, 08 Dec 2009 13:05:02 +0000 http://briefcase8.com/?p=2395#comment-65589 I was there for the oral argument in White. Interesting to watch. The entire bench was thoroughly frustrated with the prosecutor who kept insisting that Batson only applied when there was a pattern. Everyone on the bench went after him. He finally conceded (I think to Andy Douglas) that he thought Batson was wrongly decided. But my favorite moment to watch (and one that made clear how the opinion would read, alas) was when Stratton leaned forward and said "First Question: Can you ever strike a juror based on race? Answer: No. Second Question: Did you in this case? Answer: No." I was there for the oral argument in White. Interesting to watch. The entire bench was thoroughly frustrated with the prosecutor who kept insisting that Batson only applied when there was a pattern. Everyone on the bench went after him. He finally conceded (I think to Andy Douglas) that he thought Batson was wrongly decided. But my favorite moment to watch (and one that made clear how the opinion would read, alas) was when Stratton leaned forward and said “First Question: Can you ever strike a juror based on race? Answer: No. Second Question: Did you in this case? Answer: No.”

]]>