United States Ninth Circuit

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Ayala v. Wong, 09-99005

District court's denial of defendant's request for habeas relief from his murder and robbery-related convictions and a sentence of death, is reversed and remanded, as the exclusion of defense counsel during Batson steps two and three constitutes prejudicial error. The constitutional error on the part of the state likely prevented defendant from showing that the prosecution utilized its peremptory challenges in a racially discriminatory manner when it used its peremptory challenges to strike all of the black and Hispanic jurors, and together with the state's later loss of a large portion of the record, thus permitted him to be tried, convicted, and sentenced to death by a jury selected in a manner repugnant to the Constitution.

Appellate Information

  • Decided 08/29/2012
  • Published 08/29/2012


  • Reinhardt


  • United States Ninth Circuit