Ellis

MEMORANDUM *

Petitioner Caleb Ellis (“Ellis”) argues first that the prosecutor used his peremptory challenges to prevent three African- *736 American jurors from serving, violating the Equal Protection Clause of the Fourteenth Amendment, as articulated in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986).

The factual findings of the state trial court, which include the ultimate finding that the prosecutor did not purposefully discriminate, are presumed correct and may only be set aside if the petitioner presents clear and convincing evidence that rebuts that presumption. 28 U.S.C. § 2254 (e)(1).

One of the potential jurors, Ms. Ivory, was challenged on account of her slow and halting answers to questioning. The trial judge observed that Ms. Ivory’s demeanor evidenced that “she was not quite familiar with what was going on, maybe misunderstood it.” In the context of a murder case, where attentive and active listeners are essential, the trial court’s assessment weighs heavily and we conclude there was no Batson violation here.

With regard to Ms. Wells and Ms. Moore, the prosecutor based his challenge on their having relatives currently serving in…