Jury profiling is a no no! Such crap!
I put this case on the shoulders of every lawyer and constituionalist. Our system is wretched - it sets cold blooded criminals free, and this is only one case out of millions.
Judges will go home to their McMansions, this killer will walk, and somewhere there lies the grave of that innocent hotel clerk.
Souter, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Ginsburg, and Breyer, JJ., joined. Breyer, J., filed a concurring opinion.
Wow! I read Souter's opinion. He's a legal genius and mental giant;Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined."The same is true for another kind of disparate questioning, which might fairly be called trickery"
(Oh no, not "trickery"! Mercy me and heavens to Betsy )
And here's what Justice Thomas wrote in dissent. You know, the guy who Harry Reid called an idiot...."For nearly 20 years now, Miller-El has contended that prosecutors peremptorily struck potential jurors on the basis of race. In that time, seven state and six federal judges have reviewed the evidence and found no error. This Court concludes otherwise, because it relies on evidence never presented to the Texas state courts. That evidence does not, much less "clear[ly] and convincing[ly]," show that the State racially discriminated against potential jurors. 28 U. S. C. §2254(e)(1). However, we ought not even to consider it: In deciding whether to grant Miller-El relief, we may look only to "the evidence presented in the State court proceeding." §2254(d)(2).
The majority ignores that restriction on our review to grant Miller-El relief. I respectfully dissent.
So once again the liberal faction of SCOTUS ignores the law and rules on 'feelings' - "Awww gee whiz, Texas didn't play fair, they "tricked" the defense."
Response: Apparently he is guilty irrespective of the jury makeup.
This is one of the fallacies of leaving killers on death row too long. Convicted killers should be executed within 1 year of their sentencing. If this pig had been executed in a timely fashion he would have been eaten by the worms by now.
By all means - free all the killers, as they were tried by jurys (sp?) of non-killers.
Why stop there? Why not free all the pedophiles, convicted by non-pedophiles.
The court wrongly assumes this works to reduce racism in the country. This reinforces blacks' feeling/culture of victimhood, while demonstrating to whites that the government and courts are biased to protect blacks. The result of their actions is a known black murderer of a white man potentially walking free. Continued Black on White violence of the extent and nature it has been for the last 30 years is going to start to be noticed.
This is not helping black people. And it isn't helping whites treat them as equals, either.
Would not a retroactive ruling constiute an ex-postfacto law?