Cook v. Lamarque, No. 08-15894

In a murder prosecution, a denial of petitioner's habeas petition is affirmed where: 1) the prosecution's justification for striking certain jurors based on their prior experiences with the criminal justice system were legitimate and not pretextual; 2) another prospective juror's reaction during voir dire was uniquely cynical and could plausibly indicate bias in favor of defendants who did not have wealth; and 3) another juror's attitude toward law enforcement, not his race, was the determining factor in the prosecutor's decision to strike him.

Read Cook v. Lamarque, No. 08-15894

Appellate Information

Argued and Submitted October 6, 2009

Filed January 7, 2010

Judges

Opinion by Judge Tallman

Partial Concurrence and Partial Dissent by Judge Hawkins

Counsel

For Appellant:

Allison Claire, Federal Public Defender's Office, Sacramento, CA

For Appellee:

Ward A. Campbell and Eric L. Christoffersen, Office of the California Attorney General, Sacramento, CA