NMCCA has an unpublished opinion on line in United States v. Thomas. The case is interesting partly because it is an recitation of some facts vice news reported “facts.”
I find footnote 3 to the decision of some interest:
The Second Circuit has found that removal of any person who has previously served on a jury that ultimately acquitted an accused is an appropriate reason, regardless of race, for future challenge. United States v. Douglas, 525 F.3d 225 (2nd Cir. 2008).
If that’s the case, is the obverse true, that prior service on a panel that convicted can be a appropriate response on a Batson issue?
Check out — United States v. Santiago- Davila, 26 M.J. 380 (C.A.A.F. 1988), applying Batson v. Kentucky, 476 U.S. 79 (1986)(race). United States v. Hurn, 55 M.J. 446 (C.A.A.F. 2001), J.E.B. v. Alabama ex. rel. T.B., 511 U.S. 127 (1994)(gender); United States v. Quintanilla, (C.A.A.F. ), United States v. Stafford, 136 F.3d 1109 (7th Cir. 1998)(religion).