Martinez v. Miller
Opinion of the Court
SUMMARY ORDER
Petitioner challenges his conviction under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), via habe-as corpus petition pursuant to 28 U.S.C. § 2254. This Court considered and rejected a habeas petition by Petitioner’s co-defendant at trial that presented the same issue on the same factual record. Martinez v. Kelly, 253 Fed.Appx. 127 (2d Cir. 2007). Summary orders do not have prec-edential value. Nor are we bound by these orders except to the extent they establish the law of the case, res judicata, or collateral estoppel.
Accordingly, the judgment of the district court dismissing the petition for habeas corpus relief is hereby AFFIRMED.
. These exceptions do not apply here.
Reference
- Full Case Name
- Cesar MARTINEZ v. Superintendent David L. MILLER, Andrew M. Cuomo, New York State Attorney General
- Status
- Published