Ninth Circuit Protects Racist Prosecutor

Today the Ninth Circuit granted habeas relief based on a Batson claim.  Green v. LaMarque, No. 06-16254 (9th Cir. July 21, 2008) (opinion).  According to the panel, a prosecutor discriminated against African Americans during jury selection:

While selecting a jury for a criminal trial in Alameda County, California, the prosecutor used peremptory challenges to exclude from the jury all six African-Americans on the jury panel. The African-American defendant claimed the prosecutor based such challenges on race. The prosecutor then offered race-neutral reasons which, we now conclude, also applied to unchallenged white jurors. This disparity in treatment convinces us the non-racial reasons claimed by the prosecutor were pretexts. Because the elimination of even a single juror due to race taints the trial, we reverse the district court’s denial of the writ of habeas corpus.

Who was this prosecutor?  The panel doesn't identify the prosecutor by name.  Why not?

The panel also did not refer the opinion to the State Bar for investigation.  Why not?  Shouldn't the State Bar know that a prosecutor is engaging in race-based discrimination in jury selection?

Why do federal judges continue to protect unethical prosecutors from public and private scrutiny?

When will Adam Liptak report that judges routinely cover-up prosecutorial misconduct? 

Comments

[chetthejet]

Yes, this prosecutor should not be protected. If this were a non-authoritative American getting accused for a crime, there would all types of public revelation. You would think that the State Bar would put a priority on something like this, to find out, without delay, if there is a problem. This prosecutor's actions are unexcusable, but unfortunately, all to common in this pathetic system. Every time nothing is done about authoritative misconduct, it pushes the non-authoritative Americans closer to desparate action, as options for fairness become all but nonexistent.

[Anton]

Ah yes, a "non-authoritative" American. Now there's a first for me! Good God...

[cja]

Defense lawyers who fail to object in trial are often reported to the bar for incompetence. Prosecutors who lose a Batson challenge should be reported for stupidity, in addition to racism. A prosecutor doesn't have to say much to overcome a Batson challenge.