Hurshel Williams v. Larry Rhoades Matt Fontaine

Good Law
354 F.3d 1101·2004 WL 67841·2004 U.S. App. LEXIS 600
United States Court of Appeals for the Ninth CircuitJanuary 16, 200402-15280California3,030 words

Opinion

Opinion

Farris, J.

Hurshel Williams appeals the district court’s ruling denying his petition for ha-beas corpus, claiming that race motivated the prosecutor’s peremptory strike of the only African American from his jury in violation of the Equal Protection principles articulated in Batson v. Kentucky. The record reflects that the state courts did not unreasonably apply clearly established law or unreasonably determine the facts in denying Williams’ Batson challenge. We affirm.

Background

Williams was charged in California state court with conspiracy to defraud, misappropriation of public funds, and grand theft by false pretenses in connection with a scandal at the Lost Hills Water District. The State alleged that Williams, a supplier to the District, submitted false invoices with the aid of Dennis Stowe, a District employee. Stowe received kickbacks from Williams in the form of checks written to fictitious payees. Stowe or his mother, Alice Stowe, cashed the checks at the bank where she worked as a teller.

Williams’ first trial ended when the jury was unable to reach a unanimous verdict. During voir dire before the second trial, the parties questioned “Juror X,” a 60-year-old African…

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