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McDANIELS v. KIRKLAND

Nos. 09-17339, 11-15030.

760 F.3d 933 (2014)

Robert McDANIELS, Petitioner-Appellant, v. Richard J. KIRKLAND, Warden; Kramer, Warden, Respondents-Appellees. Keelon T. Jenkins, Petitioner-Appellant, v. Michael S. Evans, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted March 26, 2014.

Filed July 25, 2014.

Withdrawn April 22, 2013.

Attorney(s) appearing for the Case

Richard A. Tamor (argued) and Jovita P. Tamor , Tamor & Tamor, Oakland, CA, for Petitioner-Appellant Robert McDaniels; AJ Kutchins (argued), Law Office of AJ Kutchins, Berkeley, CA, Petitioner-Appellant Keelon Jenkins.

Kamala D. Harris , Attorney General of California; Gerald A. Engler , Senior Assistant Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Arthur P. Beever (argued) and Pamela K. Critchfield , Deputy Attorneys General, for Respondent-Appellee.

Before: J. CLIFFORD WALLACE, JEROME FARRIS, and JAY S. BYBEE, Circuit Judges.

OPINION

WALLACE, Senior Circuit Judge:

Petitioners McDaniels and Jenkins appeal from the separate district court judgments denying their 28 U.S.C. § 2254 habeas petitions. We consider their appeals together.

Petitioners were tried and convicted together in the Alameda County Superior Court of California on a charge of first degree murder, among others. Here we consider only their argument, based on Batson v. Kentucky, 476...

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