Bullock

Bullock v. Runnels

Good Law
338 F. App'x 591
United States Court of Appeals for the Ninth CircuitJune 19, 2009No. 07-16738California307 words

Opinion

Lead Opinion

MEMORANDUM *

Javaree Q. Bullock appeals the district court’s denial of his 28 U.S.C. § 2254 habe-as petition challenging his California conviction for second degree robbery and possession of a firearm by a felon on the ground it was obtained in violation of his right to equal protection of the law, as enunciated in Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The trial court denied defense counsel’s four Batson motions, the first because it determined there was no prima facie showing of racial discrimination, and the latter three because the prosecutor offered race-neutral reasons for the challenges that the court concluded were genuine. The California Court of Appeal found no reversible error and affirmed the conviction and sentence of 21 years.

The Court of Appeal could reasonably have determined, given the trial court’s own comments upon Bullock’s first Batson motion, that the prosecutor was improperly offering reasons she knew were acceptable to the court. Under the AEDPA standard by which we are bound, it was not unreasonable for the Court of Appeal to defer to the trial court’s determination regarding the prosecutor’s credibility in proffering…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.