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MILLER-EL, THOMAS J. v. COCKRELL, DIR. TX DCJ (27981)

    Order dated: 02/15/02
    Docket number: 01-7662
    Action:
        The motion of petitioner for leave to proceed in forma pauperis and the petition for a writ of certiorari are granted.

MILLER-EL, THOMAS J. v. COCKRELL, DIR. TX DCJ (27981)

    Order dated: 03/04/02
    Docket number: 01-7662
    Action:
        The order granting the petition for a writ of certiorari is amended to read as follows: The motion for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted limited to the following question: Did the Court of Appeals err in denying a certificate of appealability and in evaluating petitioner’s claim under Batson v. Kentucky?

A description of the questions presented by the case has been prepared:

1. Whether a court is required to ignore uncontested evidence of a pattern and practice of racial discrimination, and evidence of contemporaneous instances of discrimination, when assessing the genuineness of the alleged discriminator's proffered race-neutral reason for exercising a peremptory challenge? 2. Whether the court of appeals incorrectly concluded that 28 U.S.C. 2254(d)(2) and 2254(e) (1) require a habeas corpus petitioner to rebut state court determinations of fact by proving them unreasonable by clear and convincing evidence? 3. When assessing whether the state court decision was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding, may a federal court ignore the unreasonableness of the process by which the state court determined the facts? 4. Whether 2254(d) (2)embodies a presumption of correctness applicable to state court factfindings or a standard for assessing when a petitioner is entitled to relief?

An opinion has been handed down: