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In case of Curtis Flowers, who was tried six times for the same murders, #SCOTUS holds that the prosecutor's repeated use of peremptory challenges to remove black people from the jury pool violated the Constitution
KEYWORD: Mississippi (ironically sovereign), double-jeopardy, incorporation doctrine (ironically selective) Diversity is the key to economic and political evolution.
This is a demo of customary SCOTUS sophistry "across party lines" and a pyrrhic victory for "liberal" associates' fans.
The same facts, or same "conduct," on trial did not change. Only the jury's race composition was challenged in the matter of procedural law, "purposeful [race] discrimination" between jurors--as if a jury including Flowers' race "peers" were alone sufficient relief from repetitive prosecution of confounding "facts and circumstances" and mistrial ("double-jeopardy").
Flowers was convicted and appealed five (5) times. MS Supreme Ct. vacated each conviction, ordered NEW! trial. Flowers was convicted by jury No. 6, including one black "peer", and sentenced to death. Flowers appealed.
Enter SCOTUS vacating MS Supreme Ct initial decision on appeal No.6 (denied) for consideration of SCOTUS ruling on FOSTER v. CHATMAN, WARDEN (a 2016 jawjaw capital conviction). MS again re-affirms itself.
Enter SCOTUS, again 7-2 score: opinion for the court by KAVANAUGH,joined by ROBERTS, GINSBURG, BREYER, SOTOMAYOR, KAGAN, Samuel "Scalito" ALITO concurring; THOMAS wholly dissenting, GORSUCH dissenting to Parts I, II, and III, concurring with Part IV.
Manafort's mistrial didn't face this drill. But heis lounging in fed detention now, instead Rikers, preparing a defense for WHICH? state charges on the same conduct. Diversity is the key to economic and political evolution.
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