MARTIN, Circuit Judge:
Petitioner Ricky Adkins, an Alabama prisoner on death row, appeals from the District Court's denial of his first petition for writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254. The District Court granted Mr. Adkins a Certificate of Appealability (COA) for the following issues: (1) whether the state unconstitutionally removed black jurors on the basis of their race in violation of Batson v. Kentucky,
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