ALI v. HICKMAN

No. 07-16731.

571 F.3d 902 (2009)

Mohammed Haroon ALI, Petitioner-Appellant, v. Roderick Q. HICKMAN, Director California Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2009.


Attorney(s) appearing for the Case

Albert Joel Kutchins, Berkeley, CA, for the petitioner-appellant.

Michele Swanson, Office of the California Attorney General, San Francisco, CA, for the respondent-appellee.

Before: A. WALLACE TASHIMA and MARSHA S. BERZON, Circuit Judges, and ROBERT J. TIMLIN, District Judge.


BERZON, Circuit Judge:

In 2001, a California state court jury convicted Petitioner-Appellant Mohammed Ali of the first-degree murder of his girlfriend, Tracey Biletnikoff. During jury selection, the prosecutor, Stephen Wagstaffe, peremptorily struck the only two African-American members of the jury pool. Ali maintains that these strikes were racially-motivated and therefore violated his rights under the Equal Protection Clause of the Fourteenth Amendment. See Batson...

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