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COOK v. LAMARQUE

No. 08-15894.

593 F.3d 810 (2010)

Matthew Loren COOK, Petitioner-Appellant, v. Anthony LAMARQUE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2010.

Attorney(s) appearing for the Case

Allison Claire (argued), Federal Public Defender's Office, Sacramento, CA, for petitioner-appellant Matthew L. Cook.

Ward A. Campbell (argued), Eric L. Christoffersen, Office of the California Attorney General, Sacramento, CA, for respondent-appellee Anthony LaMarque.

Before: PROCTER HUG, JR., MICHAEL DALY HAWKINS, and RICHARD C. TALLMAN, Circuit Judges.

TALLMAN, Circuit Judge:

Matthew Cook was convicted by a Sacramento County, California, jury of murder, attempted murder, conspiracy to commit assault with a firearm, and burglary. In his petition for a writ of habeas corpus, he argues the prosecutor's use of peremptory challenges to strike African American jurors violated his rights under the Equal Protection Clause of the Fourteenth Amendment. He also alleges prejudice based...

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