Martinez v. Miller

SUMMARY ORDER

Petitioner challenges his conviction under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), via habe-as corpus petition pursuant to 28 U.S.C. § 2254. This Court considered and rejected a habeas petition by Petitioner’s co-defendant at trial that presented the same issue on the same factual record. Martinez v. Kelly, 253 Fed.Appx. 127 (2d Cir.2007). Summary orders do not have prec-edential value. Nor are we bound by these orders except to the extent they establish the law of the case, res judicata, or collateral estoppel.1 However, we agree with the…