McDANIELS v. KIRKLAND

Nos. 09-17339, 11-15030.

813 F.3d 770 (2015)

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

United States Court of Appeals, Ninth Circuit.

Filed December 24, 2015.


Attorney(s) appearing for the Case

Jovita P. Tamor and Richard A. Tamor , Tamor & Tamor, Oakland, Californa, for Petitioner-Appellant Robert McDaniels.

Albert Joel Kutchins (argued), Berkeley, CA, for Petitioner-Appellant Keelon T. Jenkins.

Arthur P. Beever (argued), Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Gerald A. Engler , Senior Assistant Attorney General; Kamala D. Harris , Attorney General of California, Office of the Attorney General, San Francisco, CA, for Respondent-Appellee Richard Kirkland, Warden.

Arthur P. Beever (argued), Deputy Attorney General; Pamela K. Critchfield , Deputy Attorney General; Gerald A. Engler , Senior Assistant Attorney General; Kamala D. Harris , Attorney General of California, Office of the Attorney General, San Francisco, CA, for Respondent-Appellee Michael Evans, Warden.

Joy G. Kim and David J. Berger , Wilson Sonsini Goodrich & Rosati, Palo Alto, CA; Allison Elgart and Eva Paterson , Equal Justice Society, Oakland, CA, for Amici Curiae Civil Rights Organizations.

Opinion by Judge FRIEDLAND; Concurrence by Judge IKUTA.


OPINION

After a jury in California Superior Court convicted them each of murder, Robert McDaniels and Keelon Jenkins challenged their convictions in the California Court of Appeal. McDaniels and Jenkins argued that the prosecution had made racially motivated peremptory strikes during pre-trial jury selection....

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