Fernando Rodriguez v. Renee Baker, Warden

Good Law
479 F. App'x 66
United States Court of Appeals for the Ninth CircuitJune 26, 201209-17171California563 words

Opinion

Opinion

MEMORANDUM

Fernando Padrón Rodriguez (“Rodriguez”) appeals the district court’s denial of his petition for a writ of habeas corpus predicated on his claim that his jury was unconstitutionally selected. See 28 U.S.C. § 2254 . We affirm.

(1) Rodriguez first asserts that the writ should issue because the state courts erred in determining that the prosecutor did not exercise peremptory challenges to remove jurors on account of their race. See Batson v. Kentucky, 476 U.S. 79, 89 , 106 S.Ct. 1712, 1719 , 90 L.Ed.2d 69 (1986); see also Miller-El v. Dretke, 545 U.S. 231, 237-38 , 125 S.Ct. 2317, 2323-24 , 162 L.Ed.2d 196 (2005); Purkett v. Elem, 514 U.S. 765, 767 , 115 S.Ct. 1769, 1770-71 , 131 L.Ed.2d 834 (1995) (per curiam). We disagree. We have carefully reviewed the transcripts and are unable to conclude that the state courts’ decisions regarding those peremp-tories were either contrary to law as clearly established by the Supreme Court, or the result of an unreasonable application of that law, or an unreasonable determination of facts. See 28 U.S.C. § 2254 (d); Ngo v. Giurbino, 651 F.3d 1112, 1114 (9th Cir.2011). Simply put, we cannot say that the state courts’ rulings were “so…

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