The “Inexplicable” Ninth Circuit

The United States Supreme Court today issued a per curiam decision reversing the United States Court of Appeals for the Ninth Circuit’s finding that a trial prosecutor had struck two members of the jury venire for race-based reasons.

The court found the conclusion rejecting the proferred race-neutral bases for striking two jurors “is as inexplicable as it is unexplained.” Two of the three potential African-American jurors were removed by peremptory challenges. (Mike Frisch)