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CARRERA v. AYERS

No. 08-99007.

699 F.3d 1104 (2012)

Constantino CARRERA, Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden, Warden of the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 6, 2012.

Attorney(s) appearing for the Case

Stephen B. Bedrick , Oakland, CA, for the petitioner-appellant.

Clifford Edward Zall , Office of the California Attorney General, Sacramento, CA, for the respondent-appellee.

Opinion by Judge WILLIAM A. FLTECHER; Dissent by Judge PREGERSON.

OPINION

W. FLETCHER, Circuit Judge:

Petitioner-Appellant Constantino Carrera was found guilty in 1983 of first-degree murder of two people during a robbery. Carrera is Hispanic. The victims were white. During voir dire, the prosecutor peremptorily challenged 75 percent of the Hispanic-surnamed venirepersons. By contrast, he peremptorily challenged only 26 percent of the white, non-Hispanic-surnamed venirepersons. At the time of Carrera's trial, People...

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