A novel defense: Convict's bid for retrial hinges on alleged anti-trans discrimination against potential juror
Edge Bostonby Ethan Jacobs
Bay Windows
Sunday Jul 20, 2008
To be clear, Smith, currently serving a life sentence at MCI Cedar Junction, is no transgender rights crusader. Mirsky said his ultimate goal in filing with the Supreme Court is to win a retrial. But in order to get to that point Mirsky will have to make the case to the highest court in the land that it is a violation of the 14th Amendment's equal protection guarantee to deny someone a seat on a jury for being transgender.
