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HOLLINGSWORTH v. BURTON

No. 91-7747.

30 F.3d 109 (1994)

James Anthony HOLLINGSWORTH, Petitioner-Appellant, v. Larry W. BURTON, Warden; Attorney General of the State of Alabama, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 25, 1994.

Attorney(s) appearing for the Case

Tommy Nail, McAbee, Nail & Ragsdale, Birmingham, AL, for appellant.

J. Randall McNeill, Beth Hughes, Asst. Attys. Gen., Tracy M. Daniel, Alabama Atty. Gen., Montgomery, AL, for appellee.

Before ANDERSON and BIRCH, Circuit Judges, and CONWAY, District Judge.

ANDERSON, Circuit Judge:

In this habeas corpus proceeding, we are faced with a challenge to the state's exercise of peremptory jury strikes in a criminal case. The challenge is brought under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and its progeny. Petitioner was tried and convicted of felony murder in an Alabama state proceeding. During jury selection, the prosecution used nine of its fourteen peremptory...

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