The U.S. Supreme Court today denied certiorari in Miles v. California, where the California Supreme Court ten months ago affirmed the death penalty for a 1992 rape, robbery, and murder.
The state court’s opinion was not unanimous. Justice Goodwin Liu dissented, claiming there was Batson error. The U.S. Supreme Court’s Batson decision and the California Supreme Court’s Wheeler decision establish that it’s unconstitutional for an attorney to racially discriminate in peremptorily challenging prospective jurors.
Related:
Three votes for review and a Justice Liu dissenting statement in Batson case (and other links there)
