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WALKER v. GIRDICH

Docket No. 03-2645.

410 F.3d 120 (2005)

Robert C. WALKER, Petitioner-Appellant, v. Roy A. GIRDICH, Superintendent of Franklin Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 8, 2005.

Attorney(s) appearing for the Case

Monica R. Jacobson, Alvy & Jacobson, New York, N.Y. for Petitioner-Appellant.

Thomas M. Ross, Assistant District Attorney (Charles Hynes, District Attorney for Kings County, Leonard Joblove, Anthea H. Bruffee, Assistant District Attorneys, on the brief), Brooklyn, N.Y. for Respondent-Appellee.

Before: JACOBS and CALABRESI, Circuit Judges, and RAKOFF, District Judge.

JACOBS, Circuit Judge.

Petitioner-Appellant Robert C. Walker appeals from a judgment of the United States District Court for the Eastern District of New York (Weinstein, J.), rejecting Walker's Batson challenge to the alleged exclusion of African-Americans from the jury in his state trial and denying on that basis Walker's petition for habeas relief pursuant to 28 U.S.C. § 2254. A Batson motion is assessed in three steps: (1) Has the movant...

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