Calvin JONES, Petitioner-Appellant, v. A.A. GOMEZ, Warden, and John K. Van De Kamp, Respondents-Appellees

Good Law
66 F.3d 199·95 Daily Journal DAR 12425·1995 WL 546065·1995 U.S. App. LEXIS 26046·95 Cal. Daily Op. Serv. 7283
United States Court of Appeals for the Ninth CircuitSeptember 15, 199594-16265California3,109 words

Opinion

Opinion

Hall, J.

Calvin Jones appeals the district court’s denial of his petition for a writ of habeas corpus. In this court, Jones presses three issues he argues entitle him to habeas relief: (1) racial discrimination in the prosecutor’s exercise of peremptory challenges; (2) failure of the prosecution to disclose Brady material; and (3) ineffective assistance of trial counsel. We review the district court’s denial of habeas relief de novo. Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994). We affirm.

FACTS

In 1983, Jones was convicted in California state court of the 1973 first degree murder of Jones’s business partner, Anthony Virgilio. Jones was charged together with a codefend-ant, Rosalio Estrada. When the trial began, both Jones and Estrada were still in the case; some time after jury selection was completed, however, the state dismissed the charges against Estrada.

The most difficult issue involved in this appeal concerns events that took place during jury selection. Jones is African American and Estrada is Hispanic. Estrada objected to the prosecution’s exercise of peremptory challenges against one African American venireperson and three Hispanic venirepersons. Jones joined in the…

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