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McDANIELS v. KIRKLAND

No. 09-17339, No. 11-15030.

839 F.3d 806 (2016)

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 October 14, 2016.

Attorney(s) appearing for the Case

Jovita P. Tamor and Richard A. Tamor , Tamor & Tamor, Oakland, CA, 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 Respondents-Appellees.

Before: J. Clifford Wallace, Jerome Farris, and Jay S. Bybee, Circuit Judges.

OPINION

Before us on remand from the en banc court are Petitioners' contentions that the California Court of Appeal's adjudication of their Batson claims was based on an unreasonable determination of the facts. McDaniels v. Kirkland, 813 F.3d 770, 782

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