Smith v. Allen
CourtCourt of Appeals for the Ninth Circuit
Date FiledOctober 22, 2026
Docket24-5367
StatusUnpublished
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Full Opinion
FILED
NOT FOR PUBLICATION
OCT 22 2026
UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
GILBERT EARL SMITH, No. 24-5367
Petitioner - Appellant, D.C. No.
2:21-cv-02080-TLN-DMC
v.
TRENT ALLEN, Acting Warden, Salinas MEMORANDUM*
Valley State Prison, Soledad, California,
and PEOPLE OF THE STATE OF
CALIFORNIA, Real Party in Interest,
Respondents - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Troy L. Nunley, District Judge, Presiding
Submitted October 20, 2026**
San Francisco, California
Before: S.R. THOMAS, KOH, and TUNG, Circuit Judges.
Appellant Gilbert Earl Smith appeals the district court’s denial of his petition
for a writ of habeas corpus. Smith challenges the constitutionality of his state
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
custody based on the prosecutor’s use of a peremptory challenge to exclude a black
prospective juror at his trial. He asserts that the prospective juror was struck based
on her race, in violation of the Equal Protection Clause of the Fourteenth
Amendment. See Batson v. Kentucky, 476 U.S. 79, 89 (1986). Because the parties
are familiar with the factual and procedural history of the case, we need not
recount it here.
We have jurisdiction pursuant to 28 U.S.C. § 2253(a). We review de novo
the district court’s denial of a petition for a writ of habeas corpus. Rogers v.
Dzurenda, 25 F.4th 1171, 1180 (9th Cir. 2022). We examine “the last reasoned
state-court decision,” Castellanos v. Small, 766 F.3d 1137, 1145 (9th Cir. 2014),
which, here, is the decision of the California Court of Appeal affirming the trial
court’s judgment on direct review. In doing so, we apply the deferential standard
of review set forth in the Antiterrorism and Effective Death Penalty Act of 1996
(“AEDPA”). Under AEDPA deference, federal habeas relief may only be granted
if the state court decision in question was either “contrary to, or involved an
unreasonable application of, clearly established Federal law,” 28 U.S.C.
§ 2254(d)(1), or was “based on an unreasonable determination of the facts in light
of the evidence presented in the State court proceeding,” id. § 2254(d)(2).
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The district court properly denied Smith’s habeas petition. Smith has not
shown that the Court of Appeal’s decision satisfies either condition in § 2254(d).
First, the Court of Appeal’s consideration of the empaneling of the other
black prospective juror neither was contrary to nor involved an unreasonable
application of clearly established federal law. Satisfying either clause contained in
§ 2254(d)(1) is sufficient to clear the initial threshold of AEDPA deference. With
respect to the first, “a decision by a state court is contrary to the clearly established
law of the Supreme Court if it applies a rule that contradicts the governing law set
forth in Supreme Court cases.” Frantz v. Hazey, 533 F.3d 724, 734 (9th Cir. 2008)
(en banc) (citation modified) (quoting Price v. Vincent, 538 U.S. 634, 640 (2003)).
With respect to the second, a decision by a state court unreasonably applies clearly
established law when it “identifies the correct governing legal principle from [the
Supreme] Court’s decisions,” Lockyer v. Andrade, 538 U.S. 63, 75 (2003), but its
application of that principle to the facts of the case is “objectively unreasonable,”
Deck v. Jenkins, 814 F.3d 954, 979 (9th Cir. 2016). Further, “clearly established
federal law for purposes of AEDPA review includes only the holdings, as opposed
to the dicta, of the Supreme Court’s decisions.” Id. at 978 (citation modified)
(quoting White v. Woodall, 572 U.S. 415, 419 (2014)).
3
Here, Smith cites no holding of the Supreme Court clearly establishing the
law he asserts. The factual circumstances and legal rules in the cases he cites are
inapposite, and none held that it is error to consider the empaneling of one black
juror among other factors when reviewing the prosecutor’s exclusion of another
black prospective juror. Further, “[o]ur cases have acknowledged that the
composition of the empaneled jury is relevant to the Batson inquiry.” Castellanos,
766 F.3d at 1149. See, e.g., Jamerson v. Runnels, 713 F.3d 1218, 1236 (9th Cir.
2013) (“[T]he prosecutor never attempted to strike Juror # 6824, a black member
of the venire who was seated on the panel throughout voir dire. If her motives
were discriminatory, she had plenty of opportunities to remove this juror.”). To
the extent Smith intimates that the Court of Appeal held that the prosecutor’s
challenge was proper solely because there was no challenge to the other black
prospective juror, that is not a fair reading of the Court of Appeal’s decision.
Rather, we conclude that the Court of Appeal appropriately examined the totality
of the relevant facts and circumstances surrounding the prosecutor’s peremptory
strike. See Currie v. McDowell, 825 F.3d 603, 610 (9th Cir. 2016); Paulino v.
Harrison, 542 F.3d 692, 702 (9th Cir. 2008).
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Second, the Court of Appeal’s comparative juror analysis did not involve an
unreasonable application of clearly established federal law and was not based on an
unreasonable determination of the facts.
With respect to the alleged error under § 2254(d)(1), Smith does not assert
what holding of the Supreme Court the Court of Appeal unreasonably applied in its
comparative juror analysis. The only case Smith cites in the sections of his
opening brief addressing the comparative analysis is Miller-El v. Dretke, 545 U.S.
231 (2005). But he does not appear to hold out Miller-El as the source of the
holding that was unreasonably applied. Even if that were his intention, it is unclear
what comparison he draws between the circumstances of his case and the Supreme
Court’s analysis in Miller-El. For example, unlike in Miller-El, the prosecutor at
Smith’s trial “ask[ed] further questions” during his colloquy with M.F., the black
prospective juror who was struck, “before getting to the point of exercising a
strike.” Id. at 244.
With respect to the alleged error under § 2254(d)(2), “[a] state court’s
factual determination . . . is not unreasonable simply because we would have
reached a different conclusion.” Ybarra v. Gittere, 69 F.4th 1077, 1089 (9th Cir.
2023). Rather, “[a] petitioner challenging the substance of the state court’s
findings must show that an appellate panel, applying the normal standards of
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appellate review, could not reasonably conclude that the finding is supported by
the record.” Id. (citation modified).
Here, an appellate panel could reasonably conclude that the Court of
Appeal’s findings are supported by the record. In reviewing Smith’s comparative
analysis between M.F. and the white prospective juror the prosecutor did not strike,
C.P., the Court of Appeal determined that “M.F. and C.P. are not similar” because
“unlike M.F., C.P. expressed no confusion or hesitancy in answering the
prosecutor’s questions.” This was a reasonable determination of the facts based on
the evidence. The Court of Appeal was not unreasonable in finding that substantial
evidence supported the trial court’s determination that the prosecutor challenged
M.F. for race-neutral reasons.
Because Smith has satisfied neither prong of § 2254(d), the district court
properly denied his federal habeas petition.
AFFIRMED.
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