United States Ninth Circuit

District court's grant of a habeas corpus petition challenging a conviction of receiving stolen property, is reversed, where: 1) the court was not precluded from considering the driver's license photographs that showed the race of each venire member, to the extent that the photographs merely reconstructed facts visible to the state trial court that ruled on petitioner's Batson challenge; and 2) the state was not unreasonable in finding that the prosecutor's justifications for challenging the four black jurors were genuine.

Appellate Information

• Decided 04/24/2013
• Published 04/24/2013

Judges

• O’SCANNLAIN

Court

• United States Ninth Circuit

Counsel