STUBBS v. GOMEZ

No. 98-16333.

189 F.3d 1099 (1999)

Roderick STUBBS, Petitioner-Appellant, v. James GOMEZ, Director, Department of Corrections; Theo White, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 1, 1999.


Attorney(s) appearing for the Case

Stephen B. Bedrick, Oakland, California, for the petitioner-appellant.

Donna B. Chew, Deputy Attorney General, San Francisco, California, for the respondents-appellees.

Before: HALL, THOMPSON and FLETCHER, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

Roderick Stubbs, an African-American, was convicted of the first-degree murder of another African-American by a state court jury that contained no African-Americans. The district court denied Stubbs's 28 U.S.C. § 2254 habeas petition challenging his conviction on the ground that the state trial prosecutor exercised peremptory challenges to exclude African-Americans from his jury by reason of their race. Applying Batson v....

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