Quillar

Quillar v. California

Good Law
116 F. App'x 793
United States Court of Appeals for the Ninth CircuitOctober 20, 2004No. 03-56118California457 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Lee V. Quillar appeals the district court’s denial of his 28 *794 U.S.C. § 2254 habeas corpus petition challenging his conviction and sentence of 36 years to life for several offenses, including arson of the property of another. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo the district court’s decision to deny a habeas petition. Alcala v. Woodford, 334 F.3d 862, 868 (9th Cir.2003). Findings of fact made by the district court are reviewed for clear error. Id.

Quillar contends that his conviction should be set aside because the prosecutor excused jurors on the basis of race. See Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). Both the California Court of Appeal and the district court discussed the salient facts regarding the prosecutor’s peremptory challenges to Juror 9 and Alternate Juror 2. We see no need to recount those facts here. Suffice it to say that we have carefully reviewed their decisions and the record and, on the basis of that review, we cannot declare that those courts erred in their determinations.

Quillar offers no evidence to question or discredit the prosecutor’s…

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