Love

ORDER

The matter before the Court is the Report and Recommendation (Doc. # 55) of Magistrate Judge Ruben B. Brooks, filed on November 30, 2009, recommending that the Court grant Petitioner Alfredrick Love’s Petition for Writ of Habeas Corpus (Doc. # 1), unless Love is retried within a reasonable period of time.

BACKGROUND

In July of 2003, Love, an African-American, was tried and convicted in state court of battery on a non-eonfined person by a prisoner. During jury selection, after consideration of hardships, only one remaining venire-member was African-American, Gloria McGee. During the second day of jury selection, July 21, 2003, Assistant District Attorney Eric Baker exercised a peremptory challenge to excuse McGee from the jury panel.

Love made a timely objection to the prosecution’s excusing McGee, arguing that the prosecution’s peremptory challenge was racially motivated. The prosecution stated that McGee was excused because:

(Jt. Mot. to File Copy of Trans, at 371-72, Doc. #45). Love responded by saying that,

Id. at 372.

The state trial court denied Love’s challenge to the prosecution’s use of its peremptory challenge on the grounds that Love did not make out a prima…