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NEVIUS v. SUMNER

No. 86-2878.

852 F.2d 463 (1988)

Thomas NEVIUS, Petitioner-Appellant, v. George SUMNER, Director of Department of Prisons, and Brian McKay, Attorney General of the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1988.

Attorney(s) appearing for the Case

John J. Graves, Jr., Graves, Leavitt & Koch, Cal J. Potter, III, Lovell, Bilbray & Potter, Las Vegas, Nev., for petitioner-appellant.

Brian Randall Hutchins, Atty. General's Office, Nevada, Carson City, Nev., for respondents-appellees.

Before CANBY, and BOOCHEVER, Circuit Judges, and TAKASUGI, District Judge.

CANBY, Circuit Judge:

Thomas Nevius appeals the district court's denial of his petition for a writ of habeas corpus. Nevius contends that (1) the prosecutor's improper exercise of his peremptory challenges against minority veniremen deprived Nevius of a representative petit jury in violation of the sixth and fourteenth amendments; (2) the district court improperly denied Nevius' request for an evidentiary hearing; (3) prosecutorial misconduct during closing arguments...

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