Legal Opinion

Tolbert v. Page

Court of Appeals for the Ninth Circuit

Decided June 28, 1999No. 97-55004PublishedCited by 184 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

We must decide the standard by which we review a trial court’s determination of whether there was unconstitutional prose-cutorial discrimination in exercising a peremptory challenge of a juror in a criminal case.

I

California state prisoner Darryl Tolbert appeals the district court’s denial of his habeas petition challenging his California state court conviction for first-degree robbery. Tolbert contends his conviction should be set aside because the prosecution impermissibly used a peremptory challenge to strike a black man from the petit jury in violation of Batson…

2Cases cited42 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Ornelas v. United StatesSupreme Court of the United States · 1996
  4. Cooter & Gell v. Hartmarx Corp.Supreme Court of the United States · 1990
  5. Wainwright v. WittSupreme Court of the United States · 1985

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3Cited by184 opinions

  1. Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
  2. Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San QuentinCourt of Appeals for the Ninth Circuit · 2004
  3. Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1Court of Appeals for the Ninth Circuit · 2000
  4. George Overton v. James Newton, Superintendent of the Watertown Correctional FacilityCourt of Appeals for the Second Circuit · 2002
  5. People v. ClevelandCalifornia Supreme Court · 2004

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