NIBCO, Inc. v. Rivera

Issue: (1) Whether a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, even though the comparative analysis was neither raised before nor considered by the trial court below; and (2) whether a court of appeals that identifies a suspected Batson problem based on a comparative juror analysis never considered by the trial court can vitiate a trial without remanding to allow the trial court to consider the new arguments and evidence in the first instance.

Briefs and Documents

Certiorari-stage documents

• Opinion below (9th Circuit)
• Petition for certiorari
• Brief in opposition
• Petitioner's reply