45 F.4th 1094
9th Cir.2022Background
- Nguyen (defendant) tried in California state court; during jury selection the prosecutor used three peremptory strikes against prospective jurors with Hispanic surnames (Romano, DeJesus, Ocampo). Defense raised a Batson/Wheeler objection; trial court found no prima facie discrimination and denied relief; Nguyen was convicted.
- On direct appeal the California Court of Appeal affirmed the denial of Batson relief; the California Supreme Court summarily denied review.
- Nguyen filed a federal habeas petition; the district court denied relief and granted a certificate of appealability on the Batson claim.
- Nguyen argued (1) Hispanic women are a cognizable combined race-and-gender class under Batson/J.E.B. and (2) the prosecutor’s strikes supported a prima facie showing of race-based exclusion.
- The Ninth Circuit declined to recognize a combined race-and-gender class on habeas because circuit precedent (Cooperwood, Turner) and Teague retroactivity principles treat such recognition as a new rule not applicable on collateral review; the court therefore assessed Batson step one on a race-only basis and found no prima facie case given comparisons and race-neutral explanations (gang ties, youth, lack of life experience).
Issues
| Issue | Plaintiff's Argument (Nguyen) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Hispanic women are a cognizable Batson class | Batson + J.E.B. together compel recognition of mixed race-and-gender class (Hispanic women) | Recognition would be a new rule; circuit precedent/Teague bar retroactive application on habeas | Court: Recognition would be a new rule; under Cooperwood/Turner and Teague it cannot be applied to Nguyen’s case |
| Whether prosecutor’s strikes established a prima facie Batson violation (race-only) | Striking 3 of 4 Hispanic veniremembers and 3 of first 5 peremptories raises an inference of race-based exclusion | Numbers small; prosecutor left other Hispanic jurors seated; record shows race-neutral reasons for strikes (gang connections, youth, perceived susceptibility) | Court: No prima facie case on race-only basis; California Court of Appeal’s decision reasonable under AEDPA |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishing three-step test forbidding race-based peremptory strikes)
- J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127 (holding gender-based peremptory strikes unconstitutional)
- Teague v. Lane, 489 U.S. 288 (retroactivity rule barring new constitutional rules on collateral review)
- Cooperwood v. Cambra, 245 F.3d 1042 (9th Cir.) (declining to apply a new mixed race-and-gender Batson class on collateral review)
- Turner v. Marshall, 63 F.3d 807 (9th Cir.) (same; limiting inquiry to race-only when mixed-class recognition would be new)
- Johnson v. California, 545 U.S. 162 (clarifying Batson step-one prima facie standard)
- Flowers v. Mississippi, 139 S. Ct. 2228 (noting that striking even one juror for discriminatory purpose is forbidden; patterns matter)
- United States v. Collins, 551 F.3d 914 (9th Cir.) (comparing struck and unstruck jurors is a tool for appellate review)