DeBERRY v. PORTUONDO

No. 03-2418.

403 F.3d 57 (2005)

Darnell DeBERRY, Petitioner-Appellant, v. Leonard A. PORTUONDO, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 4, 2005.


Attorney(s) appearing for the Case

Richard Ware Levitt, New York, NY, for Petitioner-Appellant.

Victor Barall, Assistant District Attorney, Kings County, Brooklyn, N.Y. (Charles J. Hynes, District Attorney, and Leonard Joblove, Assistant District Attorney, on the brief), for Respondent-Appellee.

Before: WALKER, Chief Judge, OAKES and POOLER, Circuit Judges.


Judge CARDAMONE concurs in the ma>Affirmed. Chief Judge WALKER concurs in a separate opinion.

POOLER, Circuit Judge.

Darnell DeBerry seeks habeas relief based on a Batson claim centering on peremptory challenges to four African-American jurors. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). The Batson Court held that "the Equal Protection Clause forbids the prosecutor to challenge...

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