Ngo v. Giurbino, No. 08-55564 (9th Cir. 2011)
Annotate this CaseDefendant appealed from the denial of his petition for writ of habeas corpus where he was convicted of one count of first degree murder, one count of conspiracy to commit murder, and six counts of attempted premeditated murder, all arising from shootings during two gang-related car chases on the same night. At issue was whether defendant's convictions were supported by sufficient evidence and whether the prosecution's use of peremptory challenges to strike African American jurors violated his rights under the Equal Protection Clause of the Fourteenth Amendment. The court held that a rational trier of fact could have found proof of guilt, including intent to kill the three backseat passengers, especially considering the double deference owed under Jackson v. Virginia and AEDPA, 28 U.S.C. 2254, to state court findings. Accordingly, the court affirmed the district court's denial of defendant's petition as to the attempted murder convictions. The court also held that the state trial court's determination at Batson v. Kentucky step three was not unreasonable. Therefore, the court affirmed the district court's denial of defendant's petition as to the peremptory challenges.
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