Edward Price v. Burl Cain, Warden, (5th Cir. 2011)
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Case: 10-30027 Document: 00511504048 Page: 1 Date Filed: 06/09/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 9, 2011
No. 10-30027
Lyle W. Cayce
Clerk
EDWARD E. PRICE,
Petitioner-Appellant,
versus
BURL CAIN, Warden, Louisiana State Penitentiary,
Respondent-Appellee.
Appeal from the United States District Court
for the Western District of Louisiana
No. 3:07-CV-937
Before GARWOOD, SMITH, and STEWART, Circuit Judges.
PER CURIAM:* In this habeas corpus action, Edward Price claims an improper strike of a potential juror under Batson v. Kentucky, 476 U.S. 79 (1986). We have read Case: 10-30027 Document: 00511504048 Page: 2 Date Filed: 06/09/2011 the briefs and pertinent portions of the record and have consulted the applicable law and have heard the arguments of counsel. The sole question is whether the magistrate judge committed clear error in making the credibility determination that the state’s jury strikes were not based on race. We conclude that there was no clear error.
The judgment is AFFIRMED.
* Pursuant to 5TH CIR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR . R. 47.5.4.
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