CURRIE v. McDOWELL

No. 13-16187.

825 F.3d 603 (2016)

Aldridge CURRIE, Plaintiff-Appellant, v. Neil McDOWELL, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2016.


Attorney(s) appearing for the Case

Jay A. Nelson (argued), Law Office of Jay A. Nelson, Portland, Oregon, for Plaintiff-Appellant.

Allen R. Crown (argued), Deputy Attorney General; Peggy S. Ruffra , Supervising Deputy Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Kamala D. Harris , Attorney General of California; San Francisco, California; for Defendant-Appellee.

Dissent by Judge Bea.


OPINION

This is the latest case arising out of a jury selected by David Brown, a prosecutor with a history of unconstitutional race-based peremptory strikes. We previously held that Brown violated the Constitution's Equal Protection Clause when he struck three African-American women from the jury of petitioner Aldridge...

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