Green

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIC WARREN GREEN,  No. 06-16254 Petitioner-Appellant, v.  D.C. No.

CV-02-00923-SBA

A.A. LAMARQUE, Warden,

OPINION

Respondent-Appellee.  Appeal from the United States District Court for the Northern District of California Saundra B. Armstrong, District Judge, Presiding

Argued and Submitted January 17, 2008—San Francisco, California

Filed July 17, 2008

Before: William A. Fletcher and Carlos T. Bea, Circuit Judges, and Jeffrey T. Miller* District Judge.

Opinion by Judge Bea

*The Honorable Jeffrey T. Miller, United States District Judge for the Southern District of California, sitting by designation. COUNSEL

A. J. Kutchins, Berkeley, California, for the appellant.

Christopher W. Grove, Office of the California Attorney Gen- eral (Oakland), Oakland, California, Ross C. Moody, Juliet B. Haley, Office of the California Attorney General, San Fran- cisco, California, for the appellee.

OPINION

BEA, Circuit Judge:

While selecting a jury for a criminal trial in Alameda County, California, the prosecutor used…