United States Ninth Circuit

In a murder prosecution, a denial of petitioner's habeas petition is affirmed where: 1) the prosecution's justification for striking certain jurors based on their prior experiences with the criminal justice system were legitimate and not pretextual; 2) another prospective juror's reaction during voir dire was uniquely cynical and could plausibly indicate bias in favor of defendants who did not have wealth; and 3) another juror's attitude toward law enforcement, not his race, was the determining factor in the prosecutor's decision to strike him.

Appellate Information

• Argued 05/04/2009
• Decided 01/07/2010
• Published 01/07/2010

Judges

• Before PROCTER HUG, JR., MICHAEL DALY HAWKINS, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Allison Claire (argued), Federal Public Defender's Office, Sacramento, CA, for petitioner-appellant Matthew L. Cook.


• For Appellees:
  
• Ward A. Campbell (argued), Eric L. Christoffersen, Office of the California Attorney General, Sacramento, CA, for respondent-appellee Anthony LaMarque.