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Miller-El v. Cockrell October 16, 2002 (01-7662) return to case listing Case Summary This case concerns the conflicting evidentiary standards explicated in Swain v. Alabama, 380 U.S. 202 (1965), and Batson v. Kentucky, 476 U.S. 79 (1986), to be used in evaluating challenges to the prosecution's use of peremptory strikes to exclude African-American potential jurors. Petitioner claims that the prosecution improperly excluded African-Americans from his jury in a murder trial. He argues that the Swain evidentiary standard applies and thus shifted the burden of proof to the prosecution after he offered prima facie, historical evidence of discrimination. The Fifth Circuit held that the standard set forth in Batson applies because, in that case, the Supreme Court explicitly overruled Swain. Under this more exacting standard, the court found that the state court's determination that the African-American jurors were stricken on race-neutral grounds was reasonable and consistent with federal law. The Fifth Circuit's decision is found at 261 F.3d 445. To see the opinion of the lower court, click here. PREDICTED OUTCOME ACTUAL OUTCOME Forecasting Model Expert One Expert Two Expert Three 6-3 to Reverse 5-4 to Affirm 5-4 to Affirm 7-2 to Affirm 8-1 to Reverse VOTING TO REVERSE Stevens O'Connor Scalia Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Souter Ginsburg Breyer Stevens Ginsburg Rehnquist Stevens O'Connor Scalia Kennedy Souter Ginsburg Breyer VOTING TO AFFIRM Rehnquist Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Thomas Rehnquist O'Connor Scalia Kennedy Souter Thomas Breyer Thomas return to case listing