Randall Cash v. Ron Barnes

MEMORANDUM

Randall Scott Cash (“Petitioner”) appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . This Court has jurisdiction under 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a petition for a writ of habeas corpus, Moses v. Payne, 555 F.3d 742, 750 (9th Cir.2009), and we affirm.

Petitioner argues the Supreme Court’s decision in Batson v. Kentucky, 476 U.S. 79, 96-98 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), forbade the prosecution in his capital murder trial from exercising a peremptory challenge to dismiss a prospective juror on account of that person’s religion. During jury selection, however, Petitioner objected only to the prosecutor’s dismissal of that prospective juror on the basis of race. “The Supreme Court has never allowed a Batson challenge to be raised on appeal or on collateral attack, if no objection was made during jury selection.” Haney v. Adams, 641 F.3d 1168, 1171 (9th Cir.2011). Since Petitioner did not raise a religion-based objection during jury selection, he cannot raise it here. Id.

In any event, Petitioner’s claim fails because the Supreme Court has not extended…