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Fields v. Thaler

The opinion addresses various Batson -related issues including comparative analysis of reasons given by the prosecutor for excluding blacks while retaining whites as jurors, the effect of faulty and silent transcripts, and the interplay between specific state court findings of fact under 28 U.S.C. �2254(e)(1) and state court determinations of fact under �2254(d)(2). Appellant failed to demonstrate a Batson violation. 5th U.S. Circuit Court of Appeals, No. 07-10627, 11-12-2009

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Before REAVLEY, JOLLY, and WIENER, Circuit Judges.

This court granted a certificate of appealability (“COA”) authorizing Emanual Deleon Fields to appeal the district court’s denial of his federal habeas claims under Batson v. Kentucky, 476 U.S. 79 (1986), with respect to the prosecution’s peremptory strikes of three black prospective jurors. The district court held that the state court’s decision that the prosecutor did not strike the jurors for racial reasons was not unreasonable and denied habeas relief. In this opinion we address various Batson related issues including comparative analysis of reasons given by the prosecutor for excluding blacks while retaining whites as jurors, the effect of faulty and silent transcripts, and the interplay between specific state court findings of fact under § 2254(e)(1) and state court determinations of fact under § 2254(d)(2). After thorough consideration we conclude that Fields has failed to demonstrate a Batson violation. Accordingly, we AFFIRM the judgment of the district court.

I.

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