Carmichael v. Chappius, No. 16-1562 (2d Cir. 2017)Annotate this Case
After the district court granted habeas relief to petitioner based on his Batson v. Kentucky challenge, respondent appealed. The district court held that the New York State Appellate Division, First Department, had unreasonably applied Batson and its progeny when it affirmed the state trial court's finding that petitioner failed to make a prima facie case showing that the prosecution used its peremptory challenges in a discriminatory manner. The court held that the district court incorrectly applied the standard for evaluating a state court's rulings set forth in the Anti‐Terrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. 2254(d); the Appellate Division's order affirming the trial court's denial of petitioner's Batson challenge was not an unreasonable application of clearly established Federal law, as determined by the Supreme Court of the United States; and thus the court vacated and remanded for further proceedings.