1. Whether under Miller-El v. Dretke, 545 U.S. 231 (2005), a court of appeals must conduct a comparative juror analysis when reviewing a claim under Batson v. Kentucky, 476 U.S. 79 (1986), even though the comparative analysis was neither raised before nor considered by the trial court below.

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 52-day trial without remanding to allow the trial court to consider the new arguments and evidence in the first instance.

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