Anthony Oliver v. Ronald Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY C. OLIVER, No. 20-99000 Petitioner-Appellee, D.C. No. v. 2:10-cv-08404-

ODW

RONALD DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellant. OPINION

Appeal from the United States District Court for the Central District of California Otis D. Wright II, District Judge, Presiding

Argued and Submitted June 28, 2021 Pasadena, California

Filed February 17, 2022

Before: Richard R. Clifton, Milan D. Smith, Jr., and Eric D. Miller, Circuit Judges.

Opinion by Judge Miller SUMMARY *

Habeas Corpus

The panel reversed in part and vacated in part the district court’s judgment granting habeas relief to Anthony Oliver, who challenges his California state conviction (and death sentence) on two counts of first-degree murder with special circumstances and one count of attempted murder; and remanded for the district court to assess in the first instance claims dismissed as moot.

During the course of jury selection, the defense made four unsuccessful motions that the prosecutor violated Batson v. Kentucky, which…