Leahy

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. § 2254 . The court ordered respondent to show cause why the writ should not be granted. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a traverse. The matter is submitted.

BACKGROUND

Petitioner was convicted by a jury of first degree murder with special circumstances. She was sentenced to prison for life without possibility of parole. Her conviction was affirmed by the Court of Appeal of California, Ex. E, and the Supreme Court of California denied review, Ex. G-l. As grounds for habeas relief she asserts that: (1) The prosecutor used peremptory challenges to discriminate against a native American prospective juror, in violation of Batson v. Kentucky, 476 U.S. 79, 89 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); and (2) her rights to due process and an unbiased jury were violated when the trial court refused her motion for a change of venue.

Defendants Stephen Duane Chiara, Richard Craig Kesser and Jennifer Gayle Leahy were convicted of the…