Monday, September 18, 2006

prosecutor struck potential jurors on the basis of their race is reversed

Kesser v. Cambra (09/11/06 - No. 02-15475). 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.” http://caselaw.lp.findlaw.com/data2/circs/9th/0215475p.pdf

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