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WALLACE v. MORRISON

No. 94-6663.

87 F.3d 1271 (1996)

David WALLACE, Petitioner-Appellant, v. Jim MORRISON, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 17, 1996.

Attorney(s) appearing for the Case

Domingo Soto, Mobile, Alabama, for appellant.

Andrew John Seal, Jean Williams Brown, Asst. Attys. Gen., Montgomery, Alabama, for appellee.

Before ANDERSON and COX, Circuit Judges, and RONEY, Senior Circuit Judge.

PER CURIAM:

In this case we hold that dual motivation analysis1 determines whether a prosecutor violates a defendant's equal protection rights under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when the prosecutor considers both race and race-neutral factors in exercising a peremptory strike.

I. FACTS AND PROCEDURAL BACKGROUND

In this 28 U.S.C. § 2254...

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