Legal Opinion
Jeffrey M. Burks v. Robert G. Borg, Mitchell Celestine v. Robert G. Borg Attorney General of the State of California
Court of Appeals for the Ninth Circuit
Decided June 27, 1994No. 93-15263, 93-16546PublishedCited by 84 opinions
1Opinion of the Court
Opinion by Judge KOZINSKI.
KOZINSKI, Circuit Judge.
Burks and Celestine were convicted of murdering a fellow prison inmate and sentenced to life without parole. Having exhausted state remedies, they brought a federal habeas petition raising three issues: first, that the State violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), by exercising peremptory strikes against three Blacks and two Hispanics; second, that the prosecutor engaged in misconduct during closing argument by suggesting that Burks and Celestine were members of a dangerous prison gang; and third, that…
2Cases cited36 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- United States v. OlanoSupreme Court of the United States · 1993
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Wainwright v. SykesSupreme Court of the United States · 1977
31 more not listed; retrieve them via the Exa API.
3Cited by84 opinions
- Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- Matthews v. EvattCourt of Appeals for the Fourth Circuit · 1997
- David Green v. Brion D. Travis, Chairman, New York State Division of Parole, Eliot L. Spitzer, Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2005
- Richard Craig Kesser v. Steven J. Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2006
- Howard v. MooreCourt of Appeals for the Fourth Circuit · 1997
79 more not listed; retrieve them via the Exa API.