Court of Appeals for the Ninth Circuit June 27, 1994, 93-15263, 93-16546 (Jeffrey M. Burks v. Robert G. Borg, Mitchell Celestine v. Robert G. Borg Attorney General of the State of California)

Opinion by Judge KOZINSKI.

KOZINSKI, Circuit Judge.

Burks and Celestine were convicted of murdering a fellow prison inmate and sentenced to life without parole. Having exhausted state remedies, they brought a federal habeas petition raising three issues: first, that the State violated

Batson v. Kentucky,

476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.