MITLEIDER v. HALL

No. 03-56097.

391 F.3d 1039 (2004)

Floyd A. MITLEIDER, Petitioner-Appellant, v. James HALL, Warden; Steven Cambra, Director; Bill Lockyer, Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2004.


Attorney(s) appearing for the Case

Dorn G. Bishop, San Diego, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General; Robert R. Anderson, Chief Assistant Attorney General; Gary W. Schons, Senior Assistant Attorney General; Gary W. Brozio, Supervising Deputy Attorney General; and Kevin R. Vienna, Deputy Attorney General, San Diego, CA, for the respondents-appellees.

Before: FERNANDEZ, SILVERMAN, and CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge:

Floyd A. Mitleider appeals the district court's denial of his habeas corpus petition. Mitleider claims that race motivated the prosecutor's peremptory strike of four African-Americans from his jury in violation of the equal protection principles articulated in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We have jurisdiction pursuant to 28 U.S.C. § 2253. The trial court...

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