Baker

Baker v. Lewis

Good Law
319 F. App'x 478
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 07-17186California927 words

Opinion

Lead Opinion

MEMORANDUM **

Defendant-Appellant Anji Lynn Baker (“Baker”), a state prisoner, appeals the district court’s denial of his habeas petition. Baker was convicted of forcible sodomy and forcible oral copulation under the California Penal Code §§ 286(c) and 288a(c). He was sentenced to 26 years in prison.

We review the district court’s denial of Baker’s habeas petition de novo. Schell v. Witek, 218 F.3d 1017, 1022 (9th Cir.2000). Baker’s habeas petition is subject to the deferential standards established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Here, we must determine whether the state court proceedings “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the United States Supreme Court....” 28 U.S.C. § 2254 (d).

We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. Batson Claim

During voir dire, the prosecutor used two of his peremptory challenges to strike V. Bradley and S. Russell, the only two African-American prospective jurors, from the panel. Baker’s counsel moved to dismiss the panel under People v. Wheeler, 22 *480 Cal.3d 258 , 148 Cal.Rptr.…

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