CRITTENDEN v. CHAPPELL

No. 13-17327.

804 F.3d 998 (2015)

Steven Edward CRITTENDEN, Petitioner-Appellee, v. Kevin CHAPPELL, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 26, 2015.


Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General of California; Michael P. Farrell , Senior Assistant Attorney General; Stephanie A. Mitchell , Deputy Attorney General, Eric Christoffersen , (argued), Supervising Deputy Attorney General, Sacramento, CA, for Respondent-Appellant.

Mark Goldrosen , (argued), Law Office of Mark Goldrosen, San Francisco, CA; Michael L. Spiegel (argued), Law Office of Michael Spiegel, New York, N.Y., for Petitioner-Appellee.

Opinion by Judge FISHER; Dissent by Judge McKEOWN.


OPINION

In 1989, a California jury convicted Steven Crittenden of two murders and sentenced him to death. Crittenden, who is African-American, filed a federal habeas petition, arguing the prosecutor excluded an African-American prospective juror on account of her race, in violation of the Equal Protection Clause...

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