Walton

Walton v. Carey

Good Law
181 F. App'x 632
United States Court of Appeals for the Ninth CircuitMay 17, 2006No. 02-55577California430 words

Opinion

Lead Opinion

MEMORANDUM ***

Osbun Walton appeals the district court’s denial of his petition for habeas corpus. We affirm.

The district court’s denial of a writ for habeas corpus is reviewed by this court de novo. Lambert v. Blodgett, 393 F.3d 943, 964 (9th Cir.2004). Habeas relief may not be granted unless the state court adjudication was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the *633 Supreme Court of the United States,” or “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1), (2)

First, Walton alleges the prosecutor exercised a peremptory challenge to excuse an African-American juror in violation of Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986). The state trial court considered the prosecutor’s proffered explanation and Walton’s Batson objections and found the prosecutor’s explanation for the challenge to be credible. The California Court of Appeal upheld this determination. On habeas review, we may not substitute our evaluation of the record for that of the state court. See Rice v. Collins, — U.S. -,…

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