Mitcham v. Calderon, et al

Filing 351

ORDER REGARDING CLAIM D. Because petitioner failed to object to the prosecutor's exercise of peremptory challenges at trial, he has failed to preserve his Batson claim for review on federal habeas. Accordingly, summary judgment on claim D, with the exception of its ineffective assistance of counsel subclaim, is granted. Petitioner's surreply and respondent's response relating to claim D should only address the ineffective assistance subclaim. Signed by Judge Vaughn R Walker on 8/25/2010. (cgk, COURT STAFF) (Filed on 8/25/2010)

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