Jaime Hoyos v. Ronald Davis, Warden
DueProcess Punishment
Did the Ninth Circuit Court of Appeals violate petitioner's rights under the Fourteenth Amendment?
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.