Joaquin Leso Fernandez v. Ernie Roe, Warden General of the State of California People of the State of California

Petitioner-Appellant Joaquin Leso Fernandez appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his 1995 state jury trial conviction for second degree murder. Petitioner contends that under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), the prosecutor impermissibly exercised peremptory challenges to exclude four Hispanic and two African-American jurors in violation of the Equal Protection Clause. After de novo review pursuant to Wade v. Terhune, 202 F.3d 1190 (9th Cir.2000), we hold that the district court erred in finding that petitioner had not made a prima facie showing of discrimination. Accordingly, we reverse and remand.

I

Petitioner was a member of a Latino gang in Corona, California. In 1995, he was tried in California Superior Court in Riverside County for his alleged role in the killing of a member of another Latino gang. He was convicted of second degree murder and conspiracy to commit murder, and was sentenced to a term of fifteen years to life in prison.

Approximately sixty potential jurors were called for voir dire for petitioner’s trial. Of these, seven were Hispanic,…