Jaime Hoyos v. Ronald Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAIME HOYOS, No. 17-99009 Petitioner-Appellant, D.C. No. v. 3:09-cv-00388-

L-NLS

RONALD DAVIS, Warden, California State Prison at San Quentin, Respondent-Appellee. OPINION

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding

Argued and Submitted March 23, 2022 Pasadena, California

Filed September 2, 2022

Before: Sandra S. Ikuta, Morgan Christen, and Patrick J. Bumatay, Circuit Judges.

Opinion by Judge Christen; Concurrence by Judge Ikuta SUMMARY*

Habeas Corpus/Death Penalty

The panel affirmed the district court’s denial of a habeas corpus petition brought by Jaime Hoyos, who was sentenced to death in 1994 after a state jury convicted him of first- degree murder and other offenses.

In the opinion, the panel affirmed the district court’s denial of Hoyos’s certified claim that the prosecutor’s use of peremptory challenges violated his Fourteenth Amendment right to equal protection pursuant to Batson v. Kentucky, 476

U.S. 79 (1986).

Batson…