Thursday, June 09, 2016

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:


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