the burden is always on the defendant to prove discrimination, the prosecution's proffered race-neutral explanation "need not be persuasive; it must only be based on some factor other than the juror's race." Walker v. Epps, 2012 WL 1033467, at * 22 (S.D. Miss. Mar. 27, 2012) (citing Hernandez, 500 U.S. at 360, 111 S.Ct. 1859). At this juncture, the trial court need only consider "the facial validity of the prosecutor's explanation."
Prior to our holding in Grayson, Walker filed a petition for writ of habeas corpus with the United States District Court for the Southern District of Mississippi, asserting essentially the same argument he has submitted in support of this petition. See Walker v. Epps, Civil Action No. 1:97CV29KS, 2012 WL 1033467 (S.D.Miss. Mar. 27, 2012). The District Court found Walker's claim to be procedurally barred from habeas review because the issue had not yet been raised in state court.
ΒΆ9. Prior to our holding in Grayson, Walker filed a petition for writ of habeas corpus with the United States District Court for the Southern District of Mississippi, asserting essentially the same argument he has submitted in support of this petition. See Walker v. Epps, Civil Action No. 1:97CV29KS, 2012 WL 1033467 (S.D. Miss. Mar. 27, 2012). The District Court found Walker's claim to be procedurally barred from habeas review because the issue had not yet been raised in state court.