- 5th Cir.
- E. Grady Jolly, Circuit Judge:
This federal habeas appeal arises from a Louisiana state court proceeding. Pinholster
's restriction does not bar the federal evidentiary hearing conducted in this case because the district court first concluded, solely on the basis of the state court record, that the state courts committed legal error, as required under 28 U.S.C. §2254(d)(1), through the state courts' unreasonable application of clearly established federal law. Because the petitioner failed to carry his burden of proving that the prosecutor's race-neutral explanations for striking two black panelists were a pretext for purposeful discrimination, the district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 10-30665, 02-11-2013