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KESSER v. CAMBRA

No. 02-15475.

392 F.3d 327 (2004)

Richard Craig KESSER, Petitioner-Appellant, v. Steven J. CAMBRA, Jr., Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission December 9, 2002.

Resubmitted April 3, 2003.

Filed December 16, 2004.

Attorney(s) appearing for the Case

William Weiner, San Francisco, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California; Robert R. Anderson, Chief Assistant Attorney General; Gerald A. Engler, Senior Assistant Attorney General; Peggy S. Ruffra, Supervising Deputy Attorney General; Michael E. Banister, Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: BALDOCK, KLEINFELD, and RAWLINSON, Circuit Judges.

BALDOCK, Senior Circuit Judge:

The Equal Protection Clause of the United States Constitution prohibits purposeful discrimination in jury selection against members of a cognizable group. Batson v. Kentucky, 476 U.S. 79, 88, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In Batson, a racial discrimination case, the Supreme Court established a three-part test for determining whether a prosecutor's use of peremptory challenges to exclude...

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