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MAYES v. PREMO

No. 12-35461.

747 F.3d 686 (2014)

Floyd M. MAYES, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Mill Creek Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2014.

Attorney(s) appearing for the Case

Nell Brown (argued), Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Oregon, Portland, OR, for Petitioner-Appellant.

Pamela J. Walsh (argued), Assistant Attorney General; Ellen F. Rosenblum , Attorney General; Anna M. Joyce , Solicitor General, Oregon Department of Justice, Salem, OR, for Respondent-Appellee.

Before: HARRY PREGERSON, MARY H. MURGUIA, and MORGAN CHRISTEN, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

Petitioner Floyd Mayes was convicted in Oregon state court of felony murder, first-degree robbery, first-degree burglary, and second-degree assault. He was sentenced to 274 months in prison. The district court denied Mayes's petition for habeas corpus, which alleged (1) the prosecutor who tried his case struck a venireman on the basis of race in violation of the Equal Protection Clause, and (2) a hearsay statement was admitted...

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