No. 22-6579

Jaime Hoyos v. Ronald Davis, Warden

Lower Court: Ninth Circuit
Docketed: 2023-01-19
Status: Denied
Type: IFP
IFP
Tags: batson-challenge due-process equal-protection fourteenth-amendment jury-selection peremptory-challenges peremptory-strikes racial-discrimination standard-of-review voir-dire
Key Terms:
DueProcess Punishment
Latest Conference: 2023-04-21
Question Presented (AI Summary)

Did the Ninth Circuit Court of Appeals violate petitioner's rights under the Fourteenth Amendment?

Question Presented (OCR Extract)

QUESTION PRESENTED DID THE NINTH CIRCUIT COURT OF APPEALS VIOLATE PETITIONER’S RIGHTS UNDER THE FOURTEENTH AMENDMENT BY ITS FAILURE TO APPLY THIS COURT'S STANDARD SET FORTH IN JOHNSON V. CALIFORNIA (2005) 545 U.S. 162 REGARDING THE SUFFICIENCY OF A PRIMA FACIE SHOWING OF DISCRIMINATORY USE OF PEREMPTORY STRIKES BY THE PROSECUTION WHERE THE RECORD ESTABLISHES: 1. The prosecution struck all three Hispanic female jurors who were seated as prospective jurors during voir dire; 2. Petitioner is Hispanic and the victims were white; 3. The prosecutor left three white jurors seated whose concerns about the death penalty were virtually identical to those expressed by two of the struck Hispanic jurors Yolanda M. and Lisa H.; and 4, The three Hispanic women struck by the prosecutor were all excellent candidates for jury service as indicated by their shared status as respectable and gainfully employed members of the community.

Docket Entries

2023-04-24
Petition DENIED.
2023-04-06
DISTRIBUTED for Conference of 4/21/2023.
2023-03-23
Brief of respondent Ronald Davis, Warden in opposition filed.
2023-02-03
Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
2023-02-01
Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
2023-01-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 21, 2023)

Attorneys

Jaime Hoyos
Mark F. AdamsMark F. Adams, Petitioner
Ronald Davis, Warden
Anthony Da SilvaCalifornia Department of Justice, Respondent