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HARRIS v. HAEBERLIN

No. 09-5858.

752 F.3d 1054 (2014)

Frederick Jesse HARRIS, Petitioner-Appellant, v. Glenn HAEBERLIN, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

May 28, 2014.

Attorney(s) appearing for the Case

ON BRIEF: David Debold , Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellant. Bryan D. Morrow , Ken W. Riggs , Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which, COLE, J., joined, and BATCHELDER, C.J., joined in the result. COLE, J. (pp. 1063-64), delivered a separate concurring opinion. BATCHELDER, C.J. (pp. 1064-65), delivered a separate opinion concurring in the judgment.

OPINION

GRIFFIN, Circuit Judge.

Previously, we remanded Frederick Jesse Harris's 28 U.S.C. § 2254 petition to the district court for a hearing to determine whether the prosecutors at his state trial had exercised certain peremptory strikes in a racially discriminatory manner. The district court held a reconstructed Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), hearing and concluded that...

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