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INFANTE v. MARTEL

No. 18-55286.

953 F.3d 560 (2020)

Tomas Rodriguez INFANTE, Petitioner-Appellant, v. Michael MARTEL, Warden; California Department of Corrections and Rehabilitation, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 13, 2020.

Attorney(s) appearing for the Case

Mark Raymond Drozdowski (argued), Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Herbert S. Tetef (argued), Deputy Attorney General; Kenneth C. Byrne , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee Michael Martel.

No appearance for Respondent-Appellee California Department of Corrections and Rehabilitation.

Before: Marsha S. Berzon and Paul J. Watford, Circuit Judges, and Robert H. Whaley, District Judge.

OPINION

The longstanding prohibition against racial discrimination in jury selection is a critical safeguard for the criminally accused and for the integrity of the judicial system. This case, a habeas petition, centers on a California trial judge's decision to strike an impaneled juror at Tomas Rodriguez Infante...

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