Taylor
Taylor v. Giurbino
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Christopher A. Taylor appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his jury trial conviction of attempted murder while personally using a firearm, and related offenses. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.
Taylor first contends that the prosecution’s peremptory challenges of four African-American prospective jurors were based upon impermissible group bias in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). Even if Taylor establishes a prima facie case of racial discrimination, Taylor fails to demonstrate that the state court erred in finding that the prosecutor’s reasons for exercising his peremptory strikes were legitimate. Miller-El v. Cockrell, — U.S. -, -, 123 S.Ct. 1029, 1045 , 154 L.Ed.2d 931 (2003) (“To secure habeas relief, petitioner must demonstrate that a state court’s finding of the absence of purposeful discrimination was incorrect by clear and convincing evidence, 28 U.S.C. § 2254 (e)(1), and that the corresponding factual determination was ‘objectively unreasonable’ in light of the record before the court.”); Purkett v.…