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WEATHERSBY v. MORRIS

No. 82-4070.

708 F.2d 1493 (1983)

Eddie Lee WEATHERSBY, Petitioner-Appellant, v. Paul L. MORRIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 24, 1983.

Attorney(s) appearing for the Case

Kristofer Jorstad, San Francisco, Cal., for respondent-appellee.

Baron L. Miller, San Francisco, Cal., for petitioner-appellant.

Before BROWNING, DUNIWAY and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Eddie Lee Weathersby, a California state prisoner, appeals the dismissal of his petition for a writ of habeas corpus. The primary question before us is whether the prosecutor's use of peremptory challenges to exclude black persons from the petit jury for trial related considerations violated Weathersby's rights under the fourteenth and sixth amendments. We hold that the use of peremptory challenges...

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