Murphy v. Butler
Opinion of the Court
MEMORANDUM
Kirk D. Murphy appeals the district court’s entry of summary judgment against him on his habeas corpus petition in which he asserted that the prosecutor violated the dictates of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). We affirm.
Because the California Court of Appeal applied an incorrect standard for determining whether Murphy made out a prima facie case that the prosecutor exercised peremptory challenges in a racially discriminatory manner,
Nor did Murphy attempt to show the trial court that there was something more to indicate a violation. See Paulino, 371 F.3d at 1092; Wade v. Terhune, 202 F.3d 1190, 1198 (9th Cir. 2000). At any rate, we, like the district court, have reviewed the record and agree that the “more” is not there.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. See People v. Wheeler, 22 Cal.3d 258, 280—81, 583 P.2d 748, 764, 148 Cal.Rptr. 890, 905—06 (1978); see also People v. Bernard, 27 Cal.App.4th 458, 465—66, 32 Cal.Rptr.2d 486, 490 (1994) (test is "strong likelihood” which is more stringent than reasonable inference). The California Supreme Court has disapproved of Bernard. See People v. Box, 23 Cal.4th 1153, 1188 n. 7, 5 P.3d 130, 152 n. 7, 99 Cal.Rptr.2d 69, 94 n. 7 (2000); see also
. See Paulino v. Castro, 371 F.3d 1083, 1090 (9th Cir. 2004); Fernandez v. Roe, 286 F.3d 1073, 1077 (9th Cir. 2002); Cooperwood v. Cambra, 245 F.3d 1042, 1047 (9th Cir. 2001).
Reference
- Full Case Name
- Kirk Douglas MURPHY v. Diana BUTLER, Warden
- Cited By
- 1 case
- Status
- Published