Ervin v. Chappell

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA CURTIS LEE ERVIN, Case No. 00-cv-01228-VC Petitioner, ORDER REGARDING v. CONSIDERATION OF NEW EVIDENCE RON BROOMFIELD, Re: Dkt. No. 458 Respondent. The parties have submitted briefs on the issue of whether new evidence may be considered in support of petitioner’s Claim Five, a challenge under Batson v. Kentucky,

476 U.S. 79

(1986), following the Ninth Circuit’s remand of this case for reconsideration of Judge Koh’s ruling in light of Flowers v. Mississippi,

139 S. Ct. 2228

(2019). See Ervin v. Davis,

12 F.4th 1102

(9th Cir. 2021). The…