Larry Booker v. John Jabe, Warden, Kinross Correctional Facility

NATHANIEL R. JONES, Circuit Judge.

This appeal from denial of a petition for a writ of habeas corpus concerns the systematic use of peremptory challenges, in a single criminal prosecution, to excuse members of a jury venire from service on a state petit jury solely on the basis of their race. The decisive legal issues are whether the selection of the jury by the prosecutor and defense counsel violated either the Fourteenth Amendment’s guarantee of equal protection or the Sixth Amendment’s guarantee that criminal charges will be tried before an impartial jury. We conclude that Swain v. Alabama,…