Roe
Levi v. Roe
Lead Opinion
MEMORANDUM *
The appellant failed to demonstrate that the prosecutor’s exercise of peremptory challenges raised an inference of racial discrimination sufficient to establish a prima facie case for purposes of Batson v. Kentucky, 476 U.S. 79, 96-97 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). In addition, the state courts’ decisions, finding that appellant failed to demonstrate a constitutional violation stemming from a juror’s recollection of the crime scene during deliberations, were neither contrary to nor unreasonable applications of clearly established federal law. See 28 U.S.C. § 2254 (d).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.