Haney v. Adams, No. 09-16148 (9th Cir. 2011)
Annotate this CasePetitioner, an African-American, was tried and convicted of aggravated mayhem, torture, assault by means of force likely to produce great bodily injury, assault with a deadly weapon, corporal injury on a cohabitant, and criminal threats. During voir dire examination, the prosecutor used peremptory challenges to remove nine potential jurors. At issue was whether the state court's decision to deny a Batson v. Kentucky claim when petitioner made no contemporaneous objection to the use of peremptory challenges in the trial court was contrary to, or an unreasonable application of, clearly established federal law. The court held that petitioner could not raise a Batson claim in his habeas petition where petitioner failed to timely object to the prosecution's use of peremptory challenges at trial. Therefore, the court affirmed the judgment of the district court denying petitioner habeas relief.
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