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Tolbert v. Page, No. 97-55004 (9th Cir.) (182 F.3d 677) (June 28, 1999) (Judge Diarmuid F. O'Scannlain)

In her dissent, Judge McKeown argued that the Court should undertake a de novo review of the Batson prima facie inquiry, stating: "I believe that a prima facie Batson challenge should be reviewed under a two-tier standard: while giving deference to the trial court's factual findings concerning the elements of ...

 

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