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GONZALEZ v. BROWN

No. 07-56107.

585 F.3d 1202 (2009)

Erick Raymundo GONZALEZ, Petitioner-Appellant, v. Edmund G. BROWN, Attorney General; State of California; John Marshall, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 30, 2009.

Attorney(s) appearing for the Case

Shawn R. Perez, Law Offices of Shawn R. Perez, Las Vegas, NV, for appellant, Erick Raymundo Gonzalez.

David F. Glassman, Office of the Attorney General of California, Los Angeles, CA, for appellees, Edmund G. Brown, John Marshall and State of California.

Before: RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and OWEN M. PANNER, District Judge.

GOULD, Circuit Judge:

We consider the significance of a prosecutor's stated inability to recall the reason for exercising a peremptory strike to remove an African-American potential-juror, pursuant to the second step of the Batson inquiry. We hold that in view of the relatively low number of peremptory challenges that the prosecutor exercised against African-American jurors, the prosecutor's ability to justify her other peremptory challenges with specificity...

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