United States Ninth Circuit

In a murder case, denial of a petition for a writ of habeas corpus making a Batson claim that the prosecutor struck potential jurors on the basis of their race is reversed where, in light of Miller-El v. Dretke, 545 U.S. 231, 125 S. Ct. 2317 (2005), the California Court of Appeal-s findings were -an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.-

Appellate Information

• Argued 12/13/2005
• Decided 09/11/2006
• Published 09/11/2006

Judges

• Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, KLEINFELD, WARDLAW, PAEZ, BERZON, BYBEE, CALLAHAN, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• William Weiner, Law Offices of William Weiner, San Francisco, CA, for petitioner-appellant Richard Kesser., Russel Covey, Costa Mesa, CA, for petitioner appellant Jennifer Leahy.


• For Appellees:
  
• Michael E. Banister, Deputy Attorney General, San Francisco, CA, for the appellee.