Alejandro Hernandez-Delgado v. California
DueProcess
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 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