USA - Texas. The 5th U.S. Circuit Court of Appeals has reinstated Anthony Cardell Haynes’ guilty verdict

The 5th U.S. Circuit Court of Appeals has reversed itself and reinstated Anthony Cardell Haynes’ guilty verdict, apparently clearing the way for his execution. Haynes, 32, black, was convicted on Sept. 17, 1999 for killing off-duty police Sgt. Kent Kincaid. Kincaid, 40, on May 23, 1998. The 5th Circuit had reversed Haynes' conviction in March 2009 because of what it called an error by a trial judge during jury selection. Haynes is black, and prosecutors had used four of their peremptory strikes to knock black panelists off the jury. Race cannot be used as a reason to strike potential jurors, and Haynes' lawyers said District Court Judge Jim Wallace had erred when he overruled defense objections over the striking of 2 of the 4. Only 1 black person served on the jury. Prosecutors claimed it was the demeanor of the two potential jurors - not their race - that got them bumped. On  February 22,   (see) the U.S. Supreme Court reversed that decision, and  told the 5th U.S. Circuit Court of Appeals to reconsider its decision. In its opinion, issued today, the court ruled that the original reason for tossing out the conviction was not technically required by law.