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AYALA v. WONG

No. 09-99005.

756 F.3d 656 (2013)

Hector Juan AYALA, Petitioner-Appellant, v. Robert K. WONG, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2013.

Amended February 25, 2014.

Attorney(s) appearing for the Case

Robin L. Phillips and Anthony J. Dain , Procopio, Cory, Hargreaves & Savitch LLP, San Diego, CA, for Petitioner-Appellant.

Robin H. Urbanski , Deputy Attorney General of California, San Diego, CA, for Respondent-Appellee.

Opinion by Judge REINHARDT; Dissent by Judge CALLAHAN; Order; Dissent to Order by Judge IKUTA.

OPINION

REINHARDT, Circuit Judge:

State prisoner Hector Juan Ayala ("Ayala") appeals the denial of his petition for a writ of habeas corpus. During the selection of the jury that convicted Ayala and sentenced him to death, the prosecution used its peremptory challenges to strike all of the black and Hispanic jurors available for challenge. The trial judge concluded that Ayala had established a prima facie case of racial discrimination under Batson v....

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