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TOLBERT v. PAGE

No. 97-55004.

182 F.3d 677 (1999)

Darryl TOLBERT, Petitioner-Appellant, v. Glenda PAGE, Parole Officer, Interstate Parole Unit, California Department of Corrections; James Nielsen, Chairman, California Board of Prison Terms; Thomas Giaquinto, Thomas Bordonaro, John Gillis, Manuel Ortega, Dean Shelton, Arthur Van Court and Ed Williams, Members, California Board of Prison Terms; Cal Terhune, Director, California Department of Corrections; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 28, 1999.

Attorney(s) appearing for the Case

Michael B. Dashjian (argued), Solvang, California, for the petitioner-appellant.

Stephen M. Kaufman (argued), Deputy Attorney General, Los Angeles, California, for the respondents-appellees.

Before: HUG, Chief Judge, and BROWNING, PREGERSON, KOZINSKI, O'SCANNLAIN, FERNANDEZ, T.G. NELSON, HAWKINS, GRABER, McKEOWN, and WARDLAW, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide the standard by which we review a trial court's determination of whether there was unconstitutional prosecutorial discrimination in exercising a peremptory challenge of a juror in a criminal case.

I

California state prisoner Darryl Tolbert appeals the district court's denial of his habeas petition challenging his California state court conviction for first-degree robbery. Tolbert contends his conviction...

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