Jesse Harrod v. A. Scribner

ORDER

The memorandum disposition filed on August 24, 2010 is withdrawn. The peti tion for rehearing and rehearing en banc is DENIED as moot.

In light of the newly uncovered transcript of the June 80, 2000 voir dire proceedings, as well as this Court’s opinion in Jamerson v. Runnels, 713 F.3d 1218 (9th Cir.2013), this case is REMANDED to the district court for further proceedings on Mr. Harrod’s Batson claim.

Judge Callahan would not remand this matter to the district court because she finds that Harrod’s claim is exhausted and unavailing under the AEDPA doubly deferential standard of review.