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HARRIS v. HAEBERLIN

No. 05-5591.

526 F.3d 903 (2008)

Frederick Jesse HARRIS, Petitioner-Appellant, v. Glenn HAEBERLIN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 22, 2008.

Attorney(s) appearing for the Case

ARGUED: David J. Debold, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant. Samuel J. Floyd, Jr., Office Of The Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF: David J. Debold, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant. Samuel J. Floyd, Jr., Office of the Attorney General, Frankfort, Kentucky, for Appellee.

COLE, J., delivered the opinion of the court, in which GRIFFIN, J., joined. BATCHELDER, J. (pp. 914-21), delivered a separate dissenting opinion.

OPINION

R. GUY COLE, JR., Circuit Judge.

Petitioner-Appellant Frederick Harris, a Kentucky state prisoner, appeals the dismissal of his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254, from the United States District Court for the Western District of Kentucky. Harris invokes the case of Batson v. Kentucky to challenge the prosecution's exercise of its peremptory strikes as race-based and therefore violative of the Equal Protection...

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