Bobby Smith v. Burl Cain, United States Court of Appeals, 5th Circuit, Docket No. 10-30665

Petitioner sought federal habeas relief raising Batson v. Kentucky claims. The court subsequently granted petitioner a Certificate of Appealability (COA) on the limited issue of comparative juror analysis required by Miller-El v. Dretke. After the COA was granted, the Supreme Court decided Cullen v. Pinholster, which called in question whether the district court could properly grant petitioner an evidentiary hearing on his Batson claim. The court held that Pinholster's restriction did not bar the federal evidentiary hearing conducted in this case because the district court first concluded, solely on the basis of the state court record, that the state courts committed legal error, as required under 28 U.S.C. 2254(d)(1), through the state courts' "unreasonable application of, clearly established Federal law." After reviewing the record, the court held that petitioner failed to carry his burden of proving that the prosecutor's race-neutral explanations for striking the two black panelists at issue were a pretext for purposeful discrimination and affirmed the judgment of the district court.


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