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This 15 page paper provides an overview of the supreme court opinion in the case of Thomas Joe Miller-El v. Janie Cockrell. Bibliography lists 10 sources.
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15 pages (~225 words per page)
File: MH11_MHLawR66.rtf
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actual opinion. The case of Miller-El v. Cockrell 537 U.S. 322 (2003) reassesses the outcomes of Miller-El v. Cockrell 261 F.3d 445, in which the Fifth Circuit Court of
Appeals denied the petitioner a certificate of appealability (COA). Initially, the petitioner had been convicted of a capital murder and had sought relief under a writ of habeas corpus
in the United States District Court for the Northern District of Texas. Following the appeals court decision, the petitioner sought and was granted certiorari. The central case presented
before the Supreme Court, then, was whether the prosecution in the capital case used peremptory strikes that excluded African Americans from the juror pool for the petitioner. The question
raised, then, was whether the actions of the prosecution were purposeful and represented multiple acts of discrimination. The decision of this Court, then, is not specifically whether there is
merit to the petitioners claims that the capital trial was influenced by the jury selection process, but instead is based on whether the petitioner should have been granted a certificate
of appealability based on claims of protection under a writ of habeas corpus. The certificate of appealability requested from The United States Court of Appeals for the Fifth Circuit,
DeMoss, Circuit Judge, 261 F.3d 445, should have been granted, based on the assertion that the petitioner showed adequate evidence that prosecution in the capital case used peremptory strikes against
African Americans to alter the composition of the jury in a measure that was discriminatory. The Background The case examined by the Court was based in a
state prisoner being denied bail or dismissal and filing a petition for a writ of habeas corpus. The case began when the petitioner, his wife and Kenneth Flowers robbed
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