Miller-El v. Dretke

Summary

Justice Thomas dissents, arguing that the majority improperly relies on evidence Miller-El presented to federal habeas courts rather than the state-court record under AEDPA, and finds the evidence insufficient to prove purposeful race discrimination in jury selection by clear and convincing evidence. He contends the state court's denial of relief was reasonable in light of the evidence presented to it. Justice Breyer, concurring, emphasizes the practical difficulties of the Batson framework and questions the continued use of peremptory challenges.