United States Ninth Circuit

Denial of a writ of habeas corpus challenging a death sentence is reversed where a trial court's excusal of a juror for cause was directly contrary to Supreme Court precedent, as was the Washington Supreme Court's decision to uphold the juror strike on direct appeal, and prejudice was presumed. (Amended opinion)

Appellate Information

• Argued 01/25/2008
• Decided 06/19/2006
• Published 06/19/2006

Judges

• Before:  ALEX KOZINSKI, Chief Judge, STEPHEN REINHARDT and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gilbert H. Levy and Suzanne Lee Elliot, Seattle, WA, for the petitioner.


• For Appellees:
  
• John J. Samson, Assistant Attorney General;  Robert M. McKenna, Attorney General, Olympia, WA, for the respondent.