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KESSER v. CAMBRA

No. 02-15475.

465 F.3d 351 (2006)

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

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2006.

Attorney(s) appearing for the Case

William Weiner, Law Offices of William Weiner, San Francisco, CA, for petitioner-appellant Richard Kesser.

Russel Covey, Costa Mesa, CA, for petitioner appellant Jennifer Leahy.

Michael E. Banister, Deputy Attorney General, San Francisco, CA, for the appellee.

Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, KLEINFELD, WARDLAW, PAEZ, MARSHA S. BERZON, JAY S. BYBEE, CONSUELO M. CALLAHAN, and BEA, Circuit Judges.

Opinion by Judge BYBEE; Concurrence by Judge WARDLAW; Concurrence by Judge BERZON; Dissent by Judge RYMER.

BYBEE, Circuit Judge:

Richard Kesser seeks a writ of habeas corpus on the grounds that the prosecutor struck potential jurors on the basis of their race, in violation of the Equal Protection Clause of the Fourteenth Amendment. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We hold that, in...

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