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GARRAWAY v. PHILLIPS

Docket No. 07-2302-pr.

591 F.3d 72 (2010)

Mark GARRAWAY, Petitioner-Appellant, v. William PHILLIPS, Superintendent of Green Haven Correctional Facility and Robert Johnson, Jr., District Attorney of Bronx County, Respondents-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2010.

Attorney(s) appearing for the Case

Robert J. Boyle, Law Office of Robert J. Boyle, Esq., New York, NY, for Petitioner-Appellant.

Christopher J. Blira-Koessler, Assistant District Attorney (Joseph N. Ferdenzi, Assistant District Attorney on the brief), for Robert T. Johnson, District Attorney, Bronx County, Bronx, NY, for Respondents-Appellees.

Before JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

DENNIS JACOBS, Chief Judge:

Mark Garraway appeals from the denial of his 28 U.S.C. § 2254 petition for habeas corpus relief by the United States District Court for the Southern District of New York (Rakoff, J.). A jury convicted Garraway of second-degree murder in 1997. During voir dire, Garraway objected to the prosecution's exercise of peremptory strikes to remove seven African-Americans from the petit jury pool. The New York Supreme Court, Bronx County...

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