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No Cert. Grants Today

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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. ยง 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?

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The failure of the Supreme Court to correct this obviously wrong decision by the Ninth, especially when juxtaposed with its Baze stay grants and the recent stay grant in Skinner, shows that the Court itself is part of the problem. That the victim's family has to go through the heartache of a new trial as a result of this lawless decision is appalling. Apparently, a killer who leaves a blood trail and who has had numerous appeals is more worthy of the Court's attention than the victims of a lawless court.

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