The following excerpt is from U.S. v. Symington, 195 F.3d 1080 (9th Cir. 1999):
3. In Perez v. Marshall, 119 F.3d 1422 (9th Cir. 1997), we faced a related question in the context of federal habeas review of a state conviction. We noted that "a trial court's findings regarding juror fitness are entitled to special deference" on habeas review. Id. at 1426. The difference in procedural posture between direct federal review and habeas-based review makes Perez inapposite to this case.
3. In Perez v. Marshall, 119 F.3d 1422 (9th Cir. 1997), we faced a related question in the context of federal habeas review of a state conviction. We noted that "a trial court's findings regarding juror fitness are entitled to special deference" on habeas review. Id. at 1426. The difference in procedural posture between direct federal review and habeas-based review makes Perez inapposite to this case.
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