This section contains the nature of the case and procedural background.

D was convicted of murder. The Court of Appeal reversed the murder conviction on the basis that D was entitled to relief under the jury-selection decision in Batson v Kentucky (a federal issue). But in doing so it clearly noted that D's separate evidentiary and prosecutorial-misconduct claims (state issues), did not determine whether those claims would have independently supported the reversal of the conviction. The Supreme Court of California took the appeal but only on the Batson claim. It reversed on that ground; and ordered a remand for further proceedings consistent with the court's opinion. D appealed and the Supreme Court granted certiorari.

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