United States Ninth Circuit

Habeas writ was properly granted to prisoner based on the state trial court's dismissal of the lone holdout juror; a trial court may not remove a juror to accommodate the prosecution's desire to exercise a peremptory challenge after a jury has been impaneled.

Appellate Information

• Argued 06/05/2003
• Decided 02/03/2004
• Published 02/03/2004

Judges

• Before HALL, THOMAS, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Ana Duarte,Office of the Attorney General of the State of California, for the respondent-appellant., Tina Long Rippy, Whittier, CA, for the petitioner-appellee.