A notable petition was recently filed involving a claim under Batson v. Kentucky of discriminatory juror strikes.  The petition is linked below, but no brief in opposition has been filed and it has not yet been distributed for a conference.

Title: Cate v. Ali
Docket: 09-894
Issue: On federal habeas review, 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?

Posted in Cases in the Pipeline