No. 23-5710

Darryl Burghardt v. Tammy L. Campbell, Warden

Lower Court: Ninth Circuit
Docketed: 2023-10-03
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge civil-rights due-process equal-protection ineffective-assistance jury-selection peremptory-strike racial-discrimination
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-11-03
Question Presented (AI Summary)

Whether Petitioner Darryl Burghardt's trial counsel performed deficiently by refusing to raise, and thereby waiving, a meritorious Batson objection

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Whether Petitioner Darryl Burghardt’s trial counsel performed deficiently by refusing to raise, and thereby waiving, a meritorious Batson! objection, despite Burghardt urging him to raise the issue, where the prosecution used its very first peremptory strike to strike one of only two Black potential jurors, and where, by all accounts, said juror would have been favorable to the prosecution but for an assumption otherwise due to her being Black? (2) Whether Petitioner’s trial court violated Petitioner’s due process and/or equal protection rights by refusing to hear the Batson challenge described above when Petitioner attempted to raise it himself? ' Batson v. Kentucky, 476 U.S. 79 (1986). i

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-16
Waiver of right of respondent Tammy Campbell to respond filed.
2023-09-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 2, 2023)

Attorneys

Darryl Burghardt
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner
Devon Lashae HeinOffice of the Federal Public Defender, Petitioner
Tammy Campbell
Thomas C. HsiehCalifornia Dept. of Justice, Respondent
Thomas C. HsiehCalifornia Dept. of Justice, Respondent