Eddie Lee Weathersby v. Paul L. Morris

Eddie.Lee Weathersby, a California state prisoner, appeals the dismissal of his petition for a writ of habeas corpus. The primary question before us is whether the prosecutor’s use of peremptory challenges to exclude black persons from the petit jury for trial related considerations violated Weathersby’s rights under the fourteenth and sixth amendments. We hold that the use of peremptory challenges by the prosecutor based on permissible trial related considerations did not violate Weathersby’s constitutional rights. Accordingly, we affirm the district court’s judgment.

Weathersby, who is black, was one of several codefendants convicted in California state court of the murder of an inmate at the Santa Rita Rehabilitation Facility. During the jury selection 134 prospective jurors were called. Nineteen were black. The trial court excused three of the black jurors for cause. The remaining sixteen were dismissed through peremptory challenges exercised by the prosecutor. Subsequently a black man was chosen to serve as an alternate juror but he did not participate in deliberations.

During the jury voir dire counsel for Weathersby repeatedly objected to the prosecutor’s exclusion of…