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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JESSE HARROD,
Petitioner - Appellant,
v.
A. K. SCRIBNER, Warden,
Respondent - Appellee.
No. 08-56203
D.C. No. 2:03-cv-06598-CJC-PJW
Central District of California,
Los Angeles
ORDER
Before: THOMAS, Chief Judge, and PREGERSON and CALLAHAN, Circuit
Judges.
The memorandum disposition filed on August 24, 2010 is withdrawn. The
petition for rehearing and rehearing en banc is DENIED as moot.
In light of the newly uncovered transcript of the June 30, 2000 voir dire
proceedings, as well as this Court’s opinion in Jamerson v. Runnels, 713 F.3d 1218
(9th Cir. 2013), this case is REMANDED to the district court for further proceedings
on Mr. Harrod’s Batson claim.
Judge Callahan would not remand this matter to the district court because she
finds that Harrod’s claim is exhausted and unavailing under the AEDPA doubly
deferential standard of review.
FILED
JAN 13 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
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