111382P.pdf   04/22/2013  United States  v.  Chevie Kehoe
   U.S. Court of Appeals Case No:  11-1382
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and
   Melloy, Circuit Judge]
   Prisoner case - Habeas. In Young v. Bowersox, 161 F.3d 1159 (8th Cir.
   1998), this court rejected the argument that an ineffective assistance
   counsel claim based on a Batson error should be considered a structural
   error entitled to a presumption of prejudice and determined that to
   succeed on such a claim, the petitioner must demonstrate a reasonable
   probability that the results of the proceeding would have been different;
   here, in order to succeed on his claim of ineffective assistance of counsel,
   Kehoe must demonstrate that he suffered prejudice as a result of his
   attorney's actions in striking potential jurors on the basis of their race in
   violation of Georgia v. McCollum, 505 U.S. 42 (1992), and he failed to
   do so.