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JOHNSON v. FINN

No. 10-15641.

665 F.3d 1063 (2011)

Alonzo Deon JOHNSON; Darryl Thompson, Petitioners-Appellants, v. Claude E. FINN, Warden; Attorney General for the State of California; Tom L. Carey, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 8, 2011.

Attorney(s) appearing for the Case

Daniel J. Broderick , Federal Defender; David M. Porter (argued), Assistant Federal Defender, Sacramento, CA; for the petitioners-appellants.

Kamala D. Harris , Attorney General of California; Michael P. Farrell , Senior Assistant Attorney General; Catherine Chatman , Supervising Deputy Attorney General; R. Todd Marshall (argued), Deputy Attorney General, Sacramento, CA; for the respondents-appellees.

Before: BETTY B. FLETCHER, STEPHEN REINHARDT, and A. WALLACE TASHIMA, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

Alonzo Deon Johnson and Darrell Thompson, California state prisoners, challenge the prosecution's use of peremptory strikes to exclude black jurors in their trial. A magistrate judge, after holding an evidentiary hearing at which the prosecutor testified, found that he had purposefully discriminated on the basis of race in exercising a peremptory strike against one of the black jurors. The district judge, without holding...

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