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PAULINO v. HARRISON

No. 07-55429.

542 F.3d 692 (2008)

Delbert PAULINO, Petitioner-Appellee, v. C. Michael HARRISON, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2008.

Attorney(s) appearing for the Case

Margaret E. Maxwell, Supervising Deputy Attorney General, Los Angeles, CA, for respondent-appellant.

Katherine Froyen, Deputy Federal Public Defender, Los Angeles, CA, for petitioner-appellee.

Before: RICHARD A. PAEZ and JOHNNIE B. RAWLINSON, Circuit Judges, and SUZANNE B. CONLON, District Judge.

PAEZ, Circuit Judge:

Delbert Paulino ("Paulino"), an African-American male, was tried and convicted of second degree robbery, kidnaping for robbery, and first degree murder in Los Angeles County Superior Court. He is currently serving a life sentence, plus one year, without the possibility of parole. In his 28 U.S.C. § 2254 habeas petition, Paulino alleges that the jury that convicted him was unconstitutionally constituted, in violation of Batson v. Kentucky...

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