Legal Opinion
Richard Craig Kesser v. Steven J. Cambra, Jr., Warden
Court of Appeals for the Ninth Circuit
Decided September 11, 2006No. 02-15475PublishedCited by 126 opinions
1Opinion of the Court
Opinion by Judge BYBEE; Concurrence by Judge WARDLAW; Concurrence by Judge BERZON; Dissent by Judge RYMER.
BYBEE, Circuit Judge:
Richard Kesser seeks a writ of habeas corpus on the grounds that the prosecutor struck potential jurors on the basis of their race, in violation of the Equal Protection Clause of the Fourteenth Amendment. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We hold that, in light of Miller-El v. Dretke, 545 U.S. 231, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005), the California Court of Appeal’s findings are “an unreasonable determination of the facts in…
2Cases cited21 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Washington v. DavisSupreme Court of the United States · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by126 opinions
- Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- United States v. MitchellCourt of Appeals for the Ninth Circuit · 2007
- Crittenden v. AyersCourt of Appeals for the Ninth Circuit · 2010
- Boyd v. NewlandCourt of Appeals for the Ninth Circuit · 2006
- McGahee v. Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2009
121 more not listed; retrieve them via the Exa API.