SCT Grants Cert. in Another Batson Case: Foster v. Humphrey
The issue in Foster v. Humphrey, a death penalty case involving a Black defendant, a White victim and an all-White jury is whether the Georgia courts erred in failing to recognize race discrimination under Batson v. Kentucky in the extraordinary circumstances of this death penalty case. The case will be argued in the fall.
The facts here seem to favor Foster; however, one can never be sure with these cases.
--Prosecutors highlighted the name of each prospective Black juror in green (see above)
--Black jurors referenced as "B#1," "B#2," and "B#3"
--Prosecutor's investigator ranked each Black juror against the other Black jurors
--All Black jurors were struck by the prosecution
--Prosecutor at the close of trial requested a death verdict from the jury to “deter other people out there in the projects."
For more background on the case go here.