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FERNANDEZ v. ROE

No. 98-56927.

286 F.3d 1073 (2002)

Joaquin Leso FERNANDEZ, Petitioner-Appellant, v. Ernie ROE, Warden; General of the State of California; People of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 8, 2002.

Attorney(s) appearing for the Case

Susan S. Azad, Kathryn M. Davis, Latham & Watkins, Los Angeles, California, for the petitioner-appellant.

Karl Terp, Robert B. Shaw, DAG, San Diego, California, for the respondents-appellees.

Before BRIGHT, KOZINSKI, and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Petitioner-Appellant Joaquin Leso Fernandez appeals the district court's order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his 1995 state jury trial conviction for second degree murder. Petitioner contends that under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the prosecutor impermissibly exercised peremptory...

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