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Sam Heldman

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Tuesday, October 15, 2002
No. 01-7662 Miller-El v. Cockrell


I think the court will see this case as about whether a state court reviewing a petition for habeas corpus must consider defendant's evidence of the practice and procedure of discriminatory use of peremptory challenges, where the court has found a race-neutral basis for each of the jurors actually excluded. Phrased thusly, I think the court will AFFIRM.


I know this is rather conclusory, but the argument is tomorrow and I am otherwise pretty busy today.