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CARRERA v. AYERS

No. 08-99007.

670 F.3d 938 (2011)

Constantino CARRERA, Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2011.

Attorney(s) appearing for the Case

Stephen B. Bedrick , Law Office of Stephen B. Bedrick, Oakland, CA, for the petitioner-appellant.

Edmund G. Brown , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, Harry Joseph Colombo , Supervising Deputy Attorney General, and Clifford E. Zall (argued), Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Opinion by Judge BEA; Dissent by Judge TASHIMA.

OPINION

BEA, Circuit Judge:

We must today decide whether defense counsel's failure in 1983 to object to a California prosecutor's allegedly group bias-based peremptory challenges constituted ineffective assistance of counsel, which ineffectiveness now requires a grant of federal habeas relief under the Sixth Amendment to the U.S. Constitution.

During the murder trial of Constantino Carrera, defense counsel failed to object to the prosecutor's use...

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