Terry Darnell Williams v. D.L. Runnels, Warden Bill Lockyer

CALLAHAN, Circuit Judge.

Appellant, Terry Darnell Williams, alleges that during his state trial for second-degree robbery, he made a prima facie showing of discrimination under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), when he objected to the prosecutor’s use of three of four peremptory challenges to excuse African-Americans. We hold that the district court, not having the guidance of the Supreme Court’s opinions in Johnson v. California, — U.S.-, 125 S.Ct. 2410, 162 L.Ed.2d 129 (2005), and Miller-El v. Dretke, — U.S.-, 125 S.Ct. 2317, 162 L.Ed.2d 196 (2005),…