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GREEN v. LAMARQUE

No. 06-16254.

532 F.3d 1028 (2008)

Eric Warren GREEN, Petitioner-Appellant, v. A.A. LAMARQUE, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 17, 2008.

As Amended August 4, 2008.

Attorney(s) appearing for the Case

A.J. Kutchins, Berkeley, CA, for the appellant.

Christopher W. Grove, Office of the California Attorney General (Oakland), Oakland, CA, Ross C. Moody, Juliet B. Haley, Office of the California Attorney General, San Francisco, CA, for the appellee.

Before: W. FLETCHER and CARLOS T. BEA, Circuit Judges, and JEFFREY T. MILLER District Judge.

BEA, Circuit Judge:

While selecting a jury for a criminal trial in Alameda County, California, the prosecutor used peremptory challenges to exclude from the jury all six African-Americans on the jury panel. The African-American defendant claimed the prosecutor based such challenges on race. The prosecutor then offered race-neutral reasons which, we now conclude, also applied to unchallenged white jurors. This disparity in treatment convinces us the non-racial reasons...

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