Opinion
No. 3:10-cr-00138
10-25-2012
UNITED STATES OF AMERICA v. DARIN LEE MCALLISTER
Judge Nixon
ORDER
Pending before the Court is an order of remand for further findings of fact entered by the United States Court of Appeals for the Sixth Circuit (Doc. Nos. 129, 133), following an appeal by Defendant Darin Lee McAllister that included a Batson challenge to the Government's use of peremptory strikes against African-American jurors. United States v. McAllister, 693 F.3d 572 (6th Cir. 2012). Specifically, the Sixth Circuit remanded for the Court "to make explicit on-the-record findings as to whether McAllister established the existence of purposeful race discrimination in the selection of his jury, and whether his Batson challenge requires that his conviction be reversed." Id. at 582.
The Court hereby ORDERS the parties to submit briefing on (1) the Batson challenge and (2) proposed findings of fact regarding the Batson challenge that are based on the transcript of proceedings in the case, to be filed by Friday, November 2, 2012, at 10:00 a.m. The Court also SCHEDULES a hearing for oral arguments on this issue for Tuesday, November 6, 2012, at 10:00 a.m.
It is so ORDERED.
______________________________
JOHN T. NIXON, SENIOR JUDGE
UNITED STATES DISTRICT COURT