Hooper v. Ryan

In 1981, Hooper was convicted of three murders and sentenced to death. The Supreme Court of Illinois affirmed, but ordered a new penalty trial. That trial ended in another capital sentence, which was affirmed. State court collateral review left the convictions in place, but the Governor commuted the sentence to life imprisonment. The district court denied a petition under 28 U.S.C. 2254. The Seventh Circuit vacated, finding that the Supreme Court of Illinois applied the U.S. Supreme Court’s Batson decision unreasonably to Hooper’s situation in concluding that the evidence did not make out a prima facie case of race discrimination in jury selection. The venire drawn for Hooper’s trial had 63 members; seven were black. Two of the seven were removed on challenges for cause. The prosecutor exercised peremptory challenges against the remaining five. The decisions of the trial judge, who was subsequently convicted of accepting bribes, are entitled to no deference. The Seventh Circuit acknowledged that a fruitful Batson hearing may not be possible 32 years after the trial and that a new trial, 33 years after the crime, may be challenging. View "Hooper v. Ryan" on Justia Law