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HANEY v. ADAMS

No. 09-16148.

641 F.3d 1168 (2011)

Monte L. HANEY, Petitioner-Appellant, v. Derral G. ADAMS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2011.

Attorney(s) appearing for the Case

Monte L. Haney , pro se, Represa, CA, for the petitioner-appellant.

Michele J. Swanson , Deputy Attorney General, San Francisco, CA, for the respondent-appellee.

Before: ALFRED T. GOODWIN and N. RANDY SMITH, Circuit Judges, and RANER C. COLLINS, District Judge.

OPINION

N.R. SMITH, Circuit Judge:

In Batson v. Kentucky, 476 U.S. 79, 89, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the Supreme Court held that "the Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant." We now hold that a petitioner...

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