United States Ninth Circuit

Evidence that prosecutor excluded one black male from the jury panel is insufficient to make a prima facie case for race-based preemption under Batson where the prosecutor also excluded two white members, and three black women eventually ended up on the jury.

Appellate Information

• Argued 01/08/2001
• Decided 02/20/2001
• Published 02/20/2001

Judges

• Before:  GOODWIN, GRABER, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Denise Kendall, Mill Valley, California, for the petitioner-appellant.


• For Appellees:
  
• Laurence Sullivan, Supervising Deputy Attorney General, San Francisco, California, for the respondent-appellee.