United States Ninth Circuit

Denial of defendant's habeas corpus petition from a robbery conviction is vacated and the case remanded for reconsideration of a Batson challenge to prosecutorial use of peremptory challenges where the district court failed to properly weigh the import of defendant's showing of statistical disparity.

Appellate Information

• Argued 03/10/2005
• Decided 01/05/2006
• Published 01/05/2006

Judges

• CALLAHAN, Circuit Judge., Before LEAVY, GRABER, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Maria E. Stratton, Federal Public Defender, and Michael Tanaka, Deputy Federal Public Defender, of Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Bill Lockyer, Attorney General of California, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Brad D. Leveson, Deputy Attorney General, and Stephanie A. Miyoshi, Deputy Attorney General, of Los Angeles, CA, for the respondents.