Mary Trahan v. City of Oakland Gabriel Cervantes

Good Law
15 F.3d 1090·1993 WL 508420·1993 U.S. App. LEXIS 37498
United States Court of Appeals for the Ninth CircuitDecember 7, 199389-16573California1,170 words

Opinion

Opinion

15 F.3d 1090 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Mary TRAHAN, Plaintiff-Appellant, v. CITY OF OAKLAND; Gabriel Cervantes, Defendants-Appellees. No. 89-16573. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 5, 1991. Decided Dec. 7, 1993. Before: BOOCHEVER, NORRIS, and KLEINFELD, Circuit Judges. ORDER AMENDING DISPOSITION 1 On March 3, 1993, we granted appellant's motion for clarification of our memorandum disposition of April 20, 1992. We now resolve two issues left unresolved in the original disposition: first, a Batson challenge, and second, an evidentiary ruling on character evidence. 2 * Appellees exercised their peremptory challenges to exclude the only two African-American jurors on the venire panel. Applying the methodology developed in Batson v. Kentucky, 476 U.S. 79 (1986), the district court found a prima facie case of racial discrimination, see Transcript at 122, and asked appellees for race-neutral justifications for the…

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