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Granted Appeal Summary:

From the Court of Appeals of Virginia

Assignment of Error

The Court of Appeals erred when it found that, in response to a timely Batson challenge, the Commonwealth’s proffered race-neutral reason for striking a black juror was not pretextual as a matter of law, and thus affirmed Petitioner’s conviction. Specifically, the Court of Appeals erred when it affirmed the trial court’s denial of Petitioner’s motion to set aside the verdict and declare a mistrial because the Commonwealth’s reason for the strike was the juror’s failure to respond in a manner never requested to a question the Commonwealth never asked.

Source Document: http://www.courts.state.va.us/courts/scv/appeals/180527.pdf