The U.S. Supreme Court released its Monday orders list with no grants of certiorari for briefing and argument. There was one summary "grant, vacate and remand" order in a federal case. Among the cases turned down was Cate v. Ali, No. 09-894, presenting the question,
On federal habeas review of a claim pursuant to Batson v. Kentucky..., did the Ninth Circuit fail to comply with the deferential standard of review required by 28 U.S.C. § 2254 when it disregarded the trial court's factual finding that the prosecutor's reasons for exercising peremptory challenges were genuine, in favor of its own de novo comparative juror analysis?