James Harvey Morris v. Eddie Ylst, Warden

52 F.3d 334 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James Harvey MORRIS, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 92-15906. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1994. Decided April 19, 1995. Before: TANG, SCHROEDER, and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 James Harvey Morris, who is black, appeals the denial of his habeas corpus petition challenging his state court conviction for voluntary manslaughter and use of a firearm arising out of a shooting in a shopping mall parking lot. Morris' state appeals were unavailing and the district court adopted the magistrate judge's recommendation that the record contained no reasonable basis for concluding that the exclusions were racially motivated. His principal habeas claim is that the state trial court judge violated the principles enunciated in Batson v. Kentucky, 476 U.S. 79 (1986), by overruling defense counsel's objections to the prosecution's…