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Dolphy v. Mantello, No. 03-2738-pr (L) (2nd Cir.) (552 F.3d 236) (January 9, 2009) (Judge Dennis G. Jacobs)

During the defendant's trial on drug, weapon, and attempted assault charges, the prosecutor struck the only African-American in the jury pool. When the defendant, also African-American, challenged the strike, the prosecutor explained that he struck the juror because of “her appearance.” He told the court: “I do not select overweight ...

 

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