Leroy McConnell v. James H. Gomez

78 F.3d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leroy McCONNELL, Petitioner-Appellant, v. James H. GOMEZ, Respondent-Appellee. No. 95-15997. United States Court of Appeals, Ninth Circuit. Submitted Feb. 16, 1995. * Decided Feb. 29, 1996. Before: HUG, HALL, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Leroy McConnell appeals the district court's denial of habeas corpus relief. He argues that California's standards for determining whether prosecutors exercise peremptory challenges in a constitutional manner, People v. Wheeler, 22 Cal.3d 258 , 583 P.2d 748 , 148 Cal.Rptr. 890 (1978), does not comply with the federal standards enunciated in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). We affirm. DISCUSSION 3 Because the California Court of Appeal resolved McConnell's direct appeal by finding that his Wheeler-Batson motion was untimely under California's procedural rules, McConnell is barred from raising this claim in a subsequent…