Currie v. McDowell,
No. 13-16187 (6-8-16)(Berzon with Fletcher; dissent by Bea). This is a reversal of a denial of a habeas
petition because of Batson. The 9th held that a prosecutor (again) used
race to strike an African American juror.
The neutral reasons or justifications fell flat: they were either
unreasonable, wrong, or applied to everyone.
Such reasons included having family members with drug issues, being
arrested (but having been treated fairly), and not knowing exactly what the
charges were.
Dissenting, Bea would find that AEDPA
deference applied, and the state courts' decisions were not contrary to law nor
unreasonable.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/06/08/13-16187.pdf
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