Darryl Tolbert v. James H. Gomez, Director William Duncan, Warden Attorney General of the State of California
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge TROTT; Concurrence by Judge MICHAEL DALY HAWKINS.
TROTT, Circuit Judge:
On December 18, 1992, Tolbert was convicted of first degree robbery. He was sentenced to California state prison for thirteen years. The California court of appeal affirmed his conviction. His petition for rehearing as well as his petition for review before the California Supreme Court were denied. Tolbert, a black African-American male, then filed a federal petition for writ of habeas corpus attacking the prosecutor’s use of a peremptory challenge to remove a black prospective juror. The district court…
2Cases cited10 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Purkett v. ElemSupreme Court of the United States · 1995
- Tolbert v. PageCourt of Appeals for the Ninth Circuit · 1999
- People v. TurnerCalifornia Supreme Court · 1986
- United States v. Julio Cesar Vasquez-LopezCourt of Appeals for the Ninth Circuit · 1994
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3Cited by35 opinions
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- Ngo v. GiurbinoCourt of Appeals for the Ninth Circuit · 2011
- United States v. Thomas Cameron KincadeCourt of Appeals for the Ninth Circuit · 2003
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