[DOWNLOAD] "State v. Donaghy" by Vermont Supreme Court " eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Donaghy
• Author : Vermont Supreme Court
• Release Date : January 08, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

On Appeal from District Court of Vermont, Unit No. 3, Caledonia Circuit June Term, 2000 Alan W. Cook, J. Defendant Kenneth Donaghy appeals from his conviction of domestic assault under 13 V.S.A. §1042. He seeks a new trial on the grounds that: (1) the evidence was insufficient to prove the element of ""attempt"" beyond a reasonable doubt, and (2) the trial court failed to properly consider his challenge, under Batson v. Kentucky, 476 U.S. 79 (1986), to the prosecutor's pattern of gender-based peremptory jury challenges. On the second point, defendant argues that the trial court failed to make findings, required by Batson, on whether he had established a prima facie case, and then failed to perform the final two steps mandated by Batson. We hold that defendant established a prima facie case of intentional discrimination that was not properly considered by the trial court. We therefore remand for a Batson hearing to determine whether there was gender discrimination in the jury selection, and if so, to grant a new trial. We otherwise affirm.

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