Antonio G. Hernandez v. Samuel Lewis

Good Law
72 F.3d 135·1995 WL 746107·1995 U.S. App. LEXIS 40690
United States Court of Appeals for the Ninth CircuitDecember 14, 199594-17063California1,555 words

Opinion

Opinion

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Antonio G. HERNANDEZ, Petitioner-Appellant, v. Samuel LEWIS, et al., Respondents-Appellees. No. 94-17063. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 16, 1995. Decided Dec. 14, 1995. 1 Before: SCHROEDER and ALARCON, Circuit Judges, and WHALEY, * District Judge. 2 MEMORANDUM ** 3 Antonio G. Hernandez ("Hernandez") appeals from the district court's dismissal of his pro se petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 . 4 Hernandez contends that his state court conviction cannot stand because he was deprived of his federal constitutional right to due process and equal protection. Specifically, he contends that (1) the prosecutor failed to provide a race-neutral explanation for the exercise of a peremptory challenge against an Hispanic juror, (2) the state trial judge erroneously admitted hearsay evidence, and (3) the prosecutor placed the prestige of his office behind…

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