Mobassa Boyd v. Anthony C. Newland, Warden

Good Law
393 F.3d 1008·2004 WL 2997965·2004 U.S. App. LEXIS 27074
United States Court of Appeals for the Ninth CircuitDecember 29, 200403-17098California4,014 words

Opinion

Opinion

Graber, J.

In this case, the California courts denied Petitioner’s Batson motion; denied his request for a free transcript of the entire voir dire for use on appeal; and enhanced his sentence because of a nonjury juvenile adjudication. We must ask whether any of those rulings was contrary to, or unreasonably applied, clearly established federal law as determined by the Supreme Court. Because we answer “no,” we affirm the district court’s denial of habeas corpus relief.

FACTUAL AND PROCEDURAL HISTORY

Petitioner, Mobassa Boyd, is African-American. He was charged in California with unlawfully possessing a firearm after having previously suffered a juvenile adjudication for a felony, Cal.Penal Code § 12021(e), and with unlawfully possessing a sawed-off shotgun, id. § 12020(a)(1).

During voir dire, the prosecutor used a peremptory strike to excuse an African-American prospective juror. Petitioner’s counsel made a Batson motion, asserting that the strike was race-based. Counsel said only this: “There was nothing that I could glean in the responses [of the potential juror to voir dire questions] which would lead me to believe that there was sort have [sic] any tangible reasons whereby someone…

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