Carlos Corona v. V. Almager

MEMORANDUM

Petitioner-Appellant Carlos Corona appeals the denial of his petition for writ of habeas corpus. He contends that the state trial court erroneously denied his motion under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986); that the prosecutor suppressed material im peachment evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963) and Giglio v. United States, 405 U.S. 150, 154 , 92 S.Ct. 763 , 31 L.Ed.2d 104 (1972); and that the trial court violated due process by denying his mid-trial request for a continuance. We have jurisdiction under 28 U.S.C. § 2253 . We affirm.

The prosecutor charged Corona with the attempted murder of Kenneth Guyton, with special allegations concerning the use of a firearm for the benefit of a street gang. During jury selection the trial court denied Corona’s Batson motion after the prosecutor used peremptory challenges to strike jurors 28 and 29, the only two African-Americans in the jury venire. At trial, Guyton testified that on the night of August 13, 2003, he rode with Corona and Jose Yanez in Yanez’s two-door black Bronco. Guyton testified that after Corona ordered him out of…