What Is the Appellate Standard of Review for Claims of Racial Discrimination in Jury Selection?
Miller-El v. Cockrell Docket No. 01-7662 From: The Fifth Circuit Case at a Glance In 1986 a Dallas County, Texas, jury convicted Thomas Joe Miller-El of murder and sentenced him to death. He asserts that the federal appellate court, which refused to consider his appeal from denial of a petition for habeas corpus, improperly applied existing precedent forbidding racial discrimination in the exercise of peremptory challenges and incorrectly interpreted federal law when it declined to allow his appeal to proceed. • Previewed by Alan Raphael, an associate professor of law at Loyola University Chicago School of Law and the author of a recently published casebook, Criminal Procedure (Lupus 2001).
