No. 18-9665

Alejandro Hernandez-Delgado v. California

Lower Court: California
Docketed: 2019-06-13
Status: Denied
Type: IFP
Response RequestedRelisted (2)IFP
Tags: criminal-procedure due-process evidence-code evidentiary-hearing fourteenth-amendment juror-bias juror-misconduct jury-deliberations racial-bias racial-stereotypes sixth-amendment
Key Terms:
DueProcess
Latest Conference: 2019-11-15 (distributed 2 times)
Question Presented (AI Summary)

What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on racial stereotypes in reaching her verdict?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner is Salvadoran. During trial, petitioner argued to the jury that Omar Ruiz or Jason Avendano—neither whom are Salvadoran—had committed the crime. Following the verdict, petitioner learned that one of his jurors had told the other jurors during deliberations that petitioner was “more guilty” because “he was from El Salvador [and] so many murderers come from El Salvador.” The juror said that “people from El] Salvador, that’s where the gangs start and that’s where—the kind of scarier people originate from.” Petitioner moved for a new trial. The trial court denied the motion because the California Evidence Code forbids consideration of evidence “concerning the mental processes” of a juror. Cal. Evid. Code §1150. After petitioner’s trial, this Court held that rules against considering the mental processes of jurors must be set aside with respect to “statements exhibiting overt racial bias that cast serious doubt on the fairness and impartiality of the jury’s deliberations and resulting verdict.” Peria-Rodriguez v. Colordado, 580 U.S. __, 187 S.Ct. 855, 869 (2017). On appeal, petitioner requested remand to the trial court for reconsideration of his motion for new trial and further factual development in light of PeriaRodriguez. The court of appeal refused to remand the case. This case presents the following question: L. What fact-finding procedures are required by the Sixth and Fourteenth Amendments when a defendant makes a threshold showing that a juror relied on racial stereotypes in reaching her verdict? i

Docket Entries

2019-11-18
Petition DENIED.
2019-10-31
DISTRIBUTED for Conference of 11/15/2019.
2019-10-31
Reply of petitioner Alejandro Hernandez-Delgado filed. (Distributed)
2019-10-11
Brief of respondent State of California in opposition filed.
2019-09-05
Motion to extend the time to file a response is granted and the time is extended to and including October 15, 2019.
2019-09-03
Motion to extend the time to file a response from September 13, 2019 to October 14, 2019, submitted to The Clerk.
2019-08-14
Response Requested. (Due September 13, 2019)
2019-08-01
DISTRIBUTED for Conference of 10/1/2019.
2019-06-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 15, 2019)

Attorneys

Alejandro Hernandez-Delgado
James S. ThomsonJames Thomson, Attorney and Counselor at Law, Petitioner
James S. ThomsonJames Thomson, Attorney and Counselor at Law, Petitioner
California
Xavier BecerraCalifornia Attorney General, Respondent
Xavier BecerraCalifornia Attorney General, Respondent
State of California
Amit KurlekarOffice of the Attorney General, Respondent
Amit KurlekarOffice of the Attorney General, Respondent