Margaret Nguyen was charged with murder and was eligible for the death penalty. During the jury selection process, the prosecutor used peremptory challenges to strike seven African Americans from the jury. As a result, the 8-person jury consisted of all white people. Further, the judge excused any person who said that they felt “uncomfortable” with the death penalty for religious reasons. Nguyen was eventually convicted and sentenced to death.

On appeal, what arguments should Nguyen raise about the composition of the jury, the size of the jury and the exclusion of people based on their views about the death penalty? Is the appellate court likely to rule in her favor?

(Your discussion should (i) identify and explain clearly the relevant legal rules, doctrines and presumptions; (ii) cite any relevant cases, including any recent cases mentioned in class; and (iii) explain how the court would address the particular facts in the question.)