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Conway v. Lewis

Citation: 83 F. App'x 917Docket: No. 02-55570; D.C. No. CV-00-07350-GLT

Court: Court of Appeals for the Ninth Circuit; December 14, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, the Petitioner-Appellant sought a writ of habeas corpus under 28 U.S.C. § 2254, challenging his state court conviction on the grounds of racial discrimination in jury selection, referencing Batson v. Kentucky. The appellant alleged that peremptory strikes were used to exclude black jurors during his trial in the California Superior Court. The district court proceedings were hindered by the unavailability of a voir dire transcript to the incarcerated and unrepresented appellant, and no evidentiary hearing was conducted, leading to an incomplete record. The appellate court, recognizing these procedural deficiencies, vacated the district court's decision. It appointed counsel for the appellant and remanded the case for further record development, which may include an evidentiary hearing to thoroughly address the claims. The appellate court's decision takes into account its recent ruling in Collins v. Rice and emphasizes the necessity of complete and fair proceedings. This disposition is marked as non-publishable and is subject to Ninth Circuit Rule 36-3 regarding citation.

Legal Issues Addressed

Development of the Record

Application: The appellate court identifies the necessity of a complete record and remands for further development, potentially including an evidentiary hearing.

Reasoning: As no evidentiary hearing occurred, the record is incomplete, complicating the understanding of events in the Superior Court.

Habeas Corpus under 28 U.S.C. § 2254

Application: The appellant seeks relief from a state court conviction alleging violations of constitutional rights, specifically racial discrimination in jury selection.

Reasoning: Petitioner-Appellant Conway seeks a writ of habeas corpus under 28 U.S.C. § 2254, alleging violations of his rights under Batson v. Kentucky due to peremptory strikes of black jurors during his trial in California Superior Court.

Right to Counsel in Habeas Proceedings

Application: The appellate court recognizes the need for representation and remands the case for the appointment of counsel for Conway to ensure fair proceedings.

Reasoning: The appellate court has appointed counsel for Conway and remands the case to the district court for the appointment of counsel and further record development.