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Kavanaugh said that even on the narrower basis, there is evidence that at least one prospective black juror for the sixth trial, Carolyn Wright, was similarly situated to white jurors and was improperly excused by Evans.

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"The numbers speak loudly," Kavanaugh said in a summary of his opinion that he read in the courtroom, noting that Evans had removed 41 of the 42 prospective black jurors over the six trials. "We cannot ignore that history."

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