Chin

MEMORANDUM *

Mark Shew Fei Chin appeals the denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Chin was convicted of second degree murder with an arming allegation and was sentenced to 19 years to life in prison. This court has jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Chin’s federal habeas petition was filed on March 30, 2004, and is governed by the Antiterrorism and Effective Death Penalty Act (AEDPA). See Lindh v. Murphy, 521 U.S. 320, 326-327 , 117 S.Ct. 2059, 2063 , 138 L.Ed.2d 481 (1997). Chin’s petition is based on the claim that the exclusion of Chinese-Americans, Hispanic-Americans, and Filipino-Americans from service as foreperson over a 36-year period, including the grand jury that indicted him, violated his right to equal protection under the Fourteenth Amendment.

Chin presented this argument before the California Superior Court in a motion to quash his indictment. After an extensive 11-day evidentiary hearing, the superior court concluded that Chin established a prima facie showing of purposeful discrimination, but that the State adequately rebutted that presumption by demonstrating that race-neutral selection criteria…