Aleman v. Uribe, No. 09-55837 (6-14-13)(Gould with Wardlaw and Wolf, Sr. D.J.)
"Hey, it wasn't a Batson violation, it was a mistake" was the explanation of the prosecutor in striking a Hispanic. The prosecutor explained he meant to strike another, had been ill during voir dire, made bad notes, and attributed a comment made by another prospective juror to the struck juror. No, contend the petitioners, it was racially tinged. The state courts found it was a credible and race neutral mistake. Under AEDPA deference, so does the 9th. It is reasonable to credit the state courts in finding that the mistake was an honest mistake.
The decision is here:
posted by Jon Sands at 6/17/2013 08:57:00 AM
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