OPINION OF THE COURT
NYGAARD, Circuit Judge.
We granted Lawrence L. Simmons' request for a certificate of probable cause and now must decide: (1) whether voir dire transcripts, missing after a 13-year delay between Simmons' sentencing and direct appeal, are indispensable to review his claim that the prosecution improperly exercised its peremptory challenges to exclude African Americans from the jury, and (2) whether this delay violated Simmons' constitutional...
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