Advisory Opinions Political Distortions
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Dec 18, 2025 Dive into a lively discussion covering juror strikes and the complexities of the Constitution. Discover insights on the domestic violence clause and how historical context shapes contemporary legal interpretations. There's a humorous take on Supreme Court transcripts and reflections on the overreach in the transgender rights movement. Plus, tips for aspiring lawyers on crafting effective legal introductions. The conversation weaves through critical topics with wit and depth, making it both engaging and informative.
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Batson Grant After Eight Relists
- The Supreme Court granted a Batson juror-strike case after eight relists, suggesting deeper vetting or renewed interest in voir dire preservation issues.
- The core question is whether a defendant waived rebuttal when the trial judge said the objection was preserved but the defense never disputed prosecutors' race-neutral reasons.
Preservation Confusion At Voir Dire
- The transcript shows defense counsel repeatedly saying they wanted Batson objections preserved while the judge insisted it already was preserved.
- This created a factual dispute later used by the Mississippi Supreme Court to find waiver when defense never rebutted race-neutral reasons.
Actively Preserve Batson Rebuttals
- If a trial judge tells you an objection is preserved, nonetheless state on the record why the reasons are pretextual to avoid waiver on appeal.
- Don't rely solely on the judge's assurance when later federal review will require explicit rebuttal of race-neutral reasons.