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Murder Conviction reversed because of Steve Wagstaffe's behavior.

Discussion in 'The Other Side Of The Hill' started by Michael Stogner, Apr 22, 2015.

  1. Michael Stogner

    Michael Stogner Active Member

    How much did this cost the taxpayers of San Mateo County?
    Here are two Supervisors misleading the public.

    IV. Conclusion

    [23] Taken as a whole, the record compels a finding that the prosecutor’s non-race based reasons for peremptorily striking M.C. were pretexts. The fact that the prosecutor peremptorily struck the only other African-American juror in the jury pool and provided at least two implausible reasons for that challenge reinforces this conclusion. We therefore hold that both the California Court of Appeal and the district court clearly erred when they found that Ali failed to establish pur- poseful discrimination. We further hold that, in light of the overwhelming evidence indicating that the prosecutor in Ali’s case acted with discriminatory intent when he struck M.C., the California appellate court’s finding to the contrary was an unreasonable determination of the facts in light of the evi- dence presented in the state court proceedings. See 28 U.S.C. § 2254(d)(2). We therefore reverse the judgment of the dis- trict court and remand with directions to issue a conditional writ of habeas corpus requiring Ali’s release from custody, unless the State elects to retry Ali within a reasonable time to be determined by the district court.

    REVERSED and REMANDED.


    http://cdn.ca9.uscourts.gov/datastore/opinions/2009/07/07/07-16731.pdf
     
    Last edited: Apr 22, 2015

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