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Miller-El v. Cockrell

Docket No.: 01-7662
Certiorari Granted: Feb 15 2002
Argued: October 16, 2002
Decided: February 25, 2003

Topics:

28 USC 2241-2255 (habeas corpus), Criminal Procedure, Habeas Corpus, Civil Rights Act, Civil Rights Act of 1964, Death Penalty, EPA, Equal Protection Clause, Fifth Amendment, First Amendment, Fourteenth Amendment, Title VII, Voir Dire, capital murder, criminal procedure, disparate treatment, habeas, habeas corpus, harmless error, judicial review, jury selection, murder, probable cause, racial discrimination, sentencing guidelines

PartyNames: Thomas Joe Miller-El v. Janie Cockrell, Director, Texas Department of Criminal
Petitioner: Thomas Joe Miller-El
Respondent: Janie Cockrell, Director, Texas Department of Criminal

Court Below: United States Court of Appeals for the Fifth Circuit
Citation: CA 5, 261 F.3d 445. QUESTION: Did the Court of Appeals err in denying a certificate of appealability and inevaluating petitioner's claim under Batson v. Kentucky.
Lower Court Decision
Supreme Court Docket

Thomas Joe Miller-El
v.
Janie Cockrell, Director, Texas Department of Criminal
537 U.S. 322 (2003)
Question:

Must an inmate demonstrate that a state court's finding of the absence of purposeful discrimination was incorrect by clear and convincing evidence in order for a court of appeals to issue a certificate of appealability?

Miller-El v. Cockrell
ORAL ARGUMENT

October 16, 2002

Holding: reversed and remanded
Decision: Decision: 8 votes for Miller-El, 1 vote(s) against
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