The Court of Appeals for the Ninth Circuit Court of Appeals reversed a grant of a death penalty habeas petition to determine if the prosecutor kicked a black prospective jurors on the basis of race. The Black juror served on a prior jury that acquitted the defendant in a sexual assault case. The State kept on a White juror who had served on a prior jury, on a trespassing and assault case. After the case went back to the California Supreme Court, the California Supreme Court the prosecutor did not kick the black prospective juror on the basis of race. The Ninth Circuit agreed. The 9th agreed with the state supreme court and reversed. Oliver v. Davis, No. 20-99000 (Miller w/Clifton & M. Smith). What Batson giveth, a panel of the 9th taketh away