Mobassa Boyd v. Anthony C. Newland, Warden

ORDER AND AMENDED OPINION

ORDER

The Opinion filed on December 29, 2004, slip op. at 17513, and appearing at 393 F.3d 1008 (9th Cir.2004), is amended. The Amended Opinion will be filed contemporaneously with this Order.

With this amendment, the panel has voted to deny the petition for rehearing and petition for rehearing en banc. Judges Graber and Fisher have voted to deny the petition for rehearing en banc and Judge Cudahy has so recommended.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on it.

The petition for rehearing and petition for rehearing en banc are DENIED. Further petitions for rehearing or petitions for rehearing en banc may be filed.

OPINION

The California courts denied a Batson motion made by Petitioner Mobassa Boyd and denied his request for a free transcript of the entire voir dire for use on appeal. We must ask whether those rulings were contrary to, or unreasonably applied, clearly established federal law as determined by the Supreme Court. In an earlier decision in this case, we answered “no.” Boyd v. Newland, 393 F.3d 1008 (9th Cir.2004). In response to a petition for rehearing and in…