In a drug possession prosecution, denial of petitioner's habeas petition is affirmed where, in view of the relatively low number of peremptory challenges that the prosecutor exercised against African-American jurors, the prosecutor's ability to justify her other peremptory challenges with specificity and to the state court trial judge's satisfaction, as well as the fact that two African-American jurors remained on the jury and a third was a prospective juror, the state court of appeal's denial of petitioner's Batson claim was not contrary to Supreme Court precedent or an objectively unreasonable application of such precedent.
Argued and Submitted August 31, 2009
Filed October 30, 2009
Opinion by Judge Gould
Shawn R. Perez, Law Offices of Shawn R. Perez, Las Vegas, NV