Edward Price v. Burl Cain, Warden

U.S. Court of Appeals for the Fifth Circuit
Edward Price v. Burl Cain, Warden, 428 F. App'x 323 (5th Cir. 2011)
Garwood, Per Curiam, Smith, Stewart

Edward Price v. Burl Cain, Warden

Opinion

PER CURIAM: *

In this habeas corpus action, Edward Price claims an improper strike of a potential juror under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We have read the briefs and pertinent portions of the record and have consulted the applicable law and have heard the arguments of counsel. The sole question is whether the magistrate judge committed clear error in making the credibility determination that the state’s jury strikes were not based on race. We conclude that there was no clear error.

The judgment is AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under die limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
Edward E. PRICE, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellee
Status
Unpublished