Jacquez

Russell Jones v. Jacquez

Good Law
541 F. App'x 766
United States Court of Appeals for the Ninth CircuitOctober 3, 201311-17566California864 words

Opinion

Opinion

MEMORANDUM

Appellant Russell Jones (1) asks the court to remand the case to the district court with instructions to expand the record to include the juror questionnaires filled out by the sitting regular and alternate jurors in his trial for felony murder, and (2) challenges the district court’s finding that the state trial court did not unreasonably apply Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), or make an unreasonable factual determination when it allowed the government to preemptively strike the only two prospective African-American jurors. We deny remand and affirm the district court’s decision.

1. Under the Antiterrorism and Effective Death Penalty Act (AEDPA), a federal court may grant a state prisoner’s petition for a writ of habeas corpus only when the relevant state-court decision was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” or (2) “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). AEDPA review is “limited to the record that was before the state court that…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.