Eddie Lee Weathersby v. Paul L. Morris

ALARCON, Circuit Judge:

Eddie.Lee Weathersby, a California state prisoner, appeals the dismissal of his petition for a writ of habeas corpus. The primary question before us is whether the prosecutor’s use of peremptory challenges to exclude black persons from the petit jury for trial related considerations violated Weathersby’s rights under the fourteenth and sixth amendments. We hold that the use of peremptory challenges by the prosecutor based on permissible trial related considerations did not violate Weathersby’s constitutional rights. Accordingly, we affirm the district court’s judgment.

We…