Mitcham v. Davis

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS AS TO CLAIM D’S SUBCLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL

LUCY H. KOH, United States District Judge

INTRODUCTION

Petitioner was found guilty in 1984 of murder and attempted murder during a robbery. Petitioner is African American. His victims were Caucasian. During voir dire, the prosecutor struck 100 percent (eight of eight) of African Americans called *1094to the jury box. At the time of Petitioner’s trial, People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 (1978), which held the use of peremptory challenges to strike venirepersons…