No. 24-5659

Luis Angel Cruz-Cruz v. United States

Lower Court: Ninth Circuit
Docketed: 2024-09-30
Status: Denied
Type: IFP
IFP
Tags: batson-challenge constitutional-law gender-bias jury-selection peremptory-strike racial-discrimination
Key Terms:
DueProcess Immigration
Latest Conference: 2025-01-10
Question Presented (AI Summary)

Whether expressly citing race or gender as a reason for a peremptory strike means the strike was motivated by discriminatory intent under Batson v. Kentucky

Question Presented (OCR Extract)

QUESTION PRESENTED In the trial of Luis Angel Cruz-Cruz, a prosecutor used a peremptory strike to keep a Latino man off the jury. The prosecutor said that he preferred an otherwise similar juror because she was (1) married and (2) an “Asian female.” The question is whether the express citation of race or gender as a reason for a peremptory strike means that the proponent did not provide a raceor genderneutral explanation under Batson v. Kentucky, 476 U.S. 79 (1986), and thus was “motivated in substantial part by discriminatory intent,” Flowers v. Mississippi, 588 USS. 284, 303 (2019). i

Docket Entries

2025-01-13
Petition DENIED.
2024-12-19
DISTRIBUTED for Conference of 1/10/2025.
2024-12-13
Reply of Luis Angel Cruz-Cruz submitted.
2024-12-13
Reply of petitioner Luis Angel Cruz-Cruz filed.
2024-12-02
Brief of respondent United States in opposition filed.
2024-10-25
Motion to extend the time to file a response is granted and the time is extended to and including November 29, 2024.
2024-10-23
Motion to extend the time to file a response from October 30, 2024 to November 29, 2024, submitted to The Clerk.
2024-09-23

Attorneys

Luis Angel Cruz-Cruz
Daniel Joseph Yadron Jr.Federal Defenders of San Diego, Inc., Petitioner
Daniel Joseph Yadron Jr.Federal Defenders of San Diego, Inc., Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent