YEE v. DUNCAN

No. 05-55265.

441 F.3d 851 (2006)

Randall Allan YEE, Petitioner-Appellee, v. Bill DUNCAN, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 28, 2006.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Kevin R. Vienna, Deputy Attorney General, and Barry J.T. Carlton, Supervising Deputy Attorney General, San Diego, CA, for the respondent-appellant.

Randall Allan Yee, San Luis Obispo, CA, pro se.

Before ALEX KOZINSKI, STEPHEN S. TROTT, and CARLOS T. BEA, Circuit Judges.


BEA, Circuit Judge.

When a criminal defendant has established a prima facie case of gender discrimination in the prosecutor's use of a peremptory challenge during jury selection, and the prosecutor is unable to recall the basis for her challenge, may the trial court substitute findings of the prosecutor's sincerity, together with circumstantial evidence indicating a lack of gender-based motive, for the prosecutor's failure to offer a gender-neutral explanation for...

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