Nearly 30 years ago, the U.S. Supreme Court ruled that prosecutors could not strike potential jurors because of their race, and the court announced a test for determining race-based strikes. After decades of experience, the decision in Batson v. Kentucky does “not work well,” according to the lawyer who argued and won the case.
J. David Niehaus retired in June from the Louisville public defender office, which he joined in 1983 and where he rose to become deputy appellate defender.
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