370
Thomas, J., dissenting
respondent has identified here) and would not otherwise be struck for cause or by agreement, there was no reason to use the "manipulative" script. Thus, when petitioner points to the "State's failure to use its manipulative method with the vast majority of white veniremembers who expressed reservations about the death penalty," ibid., he ignores the fact that of the 10 whites who expressed opposition to the death penalty, 8 were struck for cause or by agreement, meaning no "manipulative" script was necessary to get them removed. The other two whites were both given the "manipulative" script and peremptorily struck,17 just like Rand, Kennedy, Bozeman, Fields, Warren, Boggess, and Baker.
* * *
Quite simply, petitioner's arguments rest on circumstantial evidence and speculation that does not hold up to a thorough review of the record. Far from rebutting § 2254(e)(1)'s presumption, petitioner has perhaps not even demonstrated that reasonable jurists could debate whether he has provided the requisite evidence of purposeful discrimination—but that is the majority's inquiry, not mine. Because petitioner has not demonstrated by clear and convincing evidence that even one of the peremptory strikes at issue was the result of racial discrimination, I would affirm the denial of a COA.
17 See Joint Lodging 110; VDR 502-511 (Gibson), 1046-1050 (Holtz).
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