Robert TURNER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-Appellee

Petitioner-Appellant Robert Turner appeals the district court’s denial of his petition for a writ of habeas corpus arising from his state court conviction for felony murder, robbery, burglary, and use of a dangerous weapon in committing a felony. Turner alleges that he was convicted in violation of his federal constitutional rights because (1) the prosecutor impermissibly used peremptory challenges to remove African-Americans from the petit jury on account of their race, in violation of the Equal Protection Clause of the Fourteenth Amendment; (2) a readback of testimony outside the presence of Turner and his counsel violated his Sixth Amendment rights; (3) there was insufficient evidence to support a felony murder conviction; (4) the prosecutor improperly commented on the attorney-client privilege; (5) prosecutorial misconduct infringed on Turner’s right to due process of law; (6) the court improperly failed to instruct on the lesser included offense of theft; (7) the court discouraged the jury from requesting a readback of testimony; and (8) the court erred in using the California Jury Instruction on consciousness of guilt.

We have jurisdiction under 28 U.S.C. § 1291 . We remand…