How have courts dealt with a challenge to the representation of a minority minority on a grand jury?

California, United States of America


The following excerpt is from People v. Myers, 233 Cal.Rptr. 264, 43 Cal.3d 250, 729 P.2d 698 (Cal. 1987):

Castaneda v. Partida (1977) 430 U.S. 482, 97 S.Ct. 1272, 51 L.Ed.2d 498 involved a challenge to Hispanic representation on a county grand jury in Texas. The court held that a prima facie showing, which was based on total county statistics, had been made (id., 430 U.S. at pp. 495-496, 97 S.Ct. at pp. 1280-1281), and that the state had failed to rebut the showing with any evidence as to the effect of ineligibility criteria on the pool considered. The court also noted that only a small part of the Hispanics in the county were [43 Cal.3d 289] noncitizens and therefore ineligible. (Id., at pp. 498-499, 97 S.Ct. at p. 1282.)

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