354
Thomas, J., dissenting
other reasons: She had relatives who worked in law enforcement, id., at 510, and her support for the death penalty was clear and unequivocal, id., at 506, 511.
For the above reasons, my conclusion that there is room for debate as to the merits of petitioner's Batson claim is far removed from a judgment that the State's explanations for its peremptory strikes were implausible.
* * *
With these observations, I join the Court's opinion.
Justice Thomas, dissenting.
Unpersuaded by petitioner's claims, the state trial court found that "there was no purposeful discrimination by the prosecut[ion] in the use of . . . peremptory strikes," App. 878. This finding established that petitioner had failed to carry his burden at step three of the inquiry set out in Batson v. Kentucky, 476 U. S. 79 (1986). Title 28 U. S. C. § 2254(e)(1) requires that a federal habeas court "presum[e]" the state court's findings of fact "to be correct" unless petitioner can rebut the presumption "by clear and convincing evidence." The majority decides, without explanation, to ignore § 2254(e)(1)'s explicit command. I cannot. Because petitioner has not shown, by clear and convincing evidence, that any peremptory strikes of black veniremen were exercised because of race, he does not merit a certificate of appealability (COA). I respectfully dissent.
I
A
The Court agrees, ante, at 342, that the state court's finding at step three of Batson is a finding of fact ordinarily subject to § 2254(e)(1)'s presumption of correctness:
"In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual
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