Ayala v. Wong, ___ F.3d ___, 2014 WL 707162 (9th Cir. Feb. 25, 2014) (amending and superseding earlier opinion on denial of rehearing en banc) (reversing district courts denial of a habeas corpus petition challenging petitioner's conviction and capital sentence for murder and robbery, based on a violation of Batson v. Kentucky, 476 U.S. 79 (1986), where the exclusion of petitioner and his counsel from the ex parte Batson proceedings constituted prejudicial error that likely prevented petitioner from showing that the prosecution utilized its peremptory challenges in a racially discriminatory manner).