Terry Darnell Williams v. D.L. Runnels, Warden Bill Lockyer

Appellant, Terry Darnell Williams, alleges that during his state trial for second-degree robbery, he made a prima facie showing of discrimination under Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986), when he objected to the prosecutor’s use of three of four peremptory challenges to excuse African-Americans. We hold that the district court, not having the guidance of the Supreme Court’s opinions in Johnson v. California, — U.S.-, 125 S.Ct. 2410 , 162 L.Ed.2d 129 (2005), and Miller-El v. Dretke, — U.S.-, 125 S.Ct. 2317 , 162 L.Ed.2d 196 (2005), failed to appreciate the import of Williams’ showing of statistical disparity. Accordingly, we reverse and remand.

I

Williams, an African-American, was charged in Los Angeles Superior Court with second-degree robbery. The State alleged that Williams and his accomplice, James E. Roberts, robbed a mini-mart at gunpoint. Williams’ defense was that he had been with his fiancee at the time of the robbery and that another person had accompanied Roberts.

Williams was tried with Roberts in March 1998. When the court indicated that counsel could make peremptory challenges, the prosecutor stated that he would accept the…