Flowers v. Mississippi

1 Analyses of this case by attorneys

  1. The Ups And Downs (And Up Again?) Of A Batson Challenge

    Fox Rothschild LLPRobert Edmunds Jr.July 31, 2020

    In Bennett, the Supremes noted that the racial identity of a juror is determined by questioning the juror or by “other proper evidence,” including stipulation of the parties. The Court reminded attorneys that a single impermissibly race-based peremptory challenge is sufficient to establish a Batson violation (Bennett, fn. 8, citing Flowers v. Mississippi, __ U.S. __, 139 S. Ct. 2228, 204 L. Ed. 2d 638 (2019)), but a numerical analysis of multiple jurors can provide useful information. Barden, 356 N.C at 344, 572 S.E.2d at 127.