U.S. Ninth Circuit - The FindLaw 9th Circuit Court of Appeals Opinion Summaries Blog

Gonzalez v. Brown, No. 07-56107

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.

Read Gonzalez v. Brown, No. 07-56107

Appellate Information

Argued and Submitted August 31, 2009

Filed October 30, 2009


Opinion by Judge Gould


For Appellant:

Shawn R. Perez, Law Offices of Shawn R. Perez, Las Vegas, NV

For Appellees:

David F. Glassman, Office of the Attorney General of California, Los Angeles, CA