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GREENE v. UPTON

No. 09-15723.

644 F.3d 1145 (2011)

Daniel GREENE, Petitioner-Appellant, v. Steven UPTON, Warden Georgia Diagnostic Prison, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 28, 2011.

Attorney(s) appearing for the Case

Stephanie Kearns (Court-Appointed), Jeffrey Lyn Ertel (Court-Appointed), Fed. Def. Program, Inc., Atlanta, GA, Robert L. McGlasson, II (Court-Appointed), Decatur, GA, for Petitioner-Appellant.

Sabrina G. Graham , Atlanta, GA, for Respondent-Appellee.

Before TJOFLAT, PRYOR and BLACK, Circuit Judges.

PRYOR, Circuit Judge.

Daniel Greene, a Georgia prisoner sentenced to death, raises two main issues about the denial of his petition for a writ of habeas corpus. First, Greene contends that the prosecution exercised peremptory challenges against six black members of the jury venire on the basis of race in violation of the Fourteenth Amendment, see Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and that...

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