Briggs v. Grounds, No. 10-16683 (9th Cir. 2012)
Annotate this CasePetitioner appealed the district court's denial of his 28 U.S.C. 2254 habeas petition challenging his jury conviction for one count of committing a forcible lewd act upon a child under 14 years of age; eight counts of aggravated sexual assault of a child under 14 years of age; and first-degree burglary. Petitioner argued that the prosecutor's use of peremptory challenges to strike three African-American prospective jurors violated his rights under the Equal Protection Clause of the Fourteenth Amendment. The trial court credited the prosecutor's justifications, and the California Court of Appeal found that substantial evidence supported the determination. Both the district court's and the court's own review of the record failed to show purposeful discrimination on the part of the prosecutor. Accordingly, the court affirmed the judgment and held that petitioner did not suffer any violation of his rights under the Fourteenth Amendment.
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