Fields v. WoodfordFields v. Woodford
- Reporters:
- , , ,
- Before:
- Kozinski, Rymer, Silverman
ORDER
The amended opinion filed October 23, 2002 [309 F.3d 1095], is further amended as follows.
Slip opinion at 23 [309 F.3d at 1107]: Replace Part II.C with the following:
Fields‘s claim that several of the jurors were racially prejudiced against him fails for lack of any substantial evidence. Even assuming that the declarations upon which he relies are admissible, they are vague and speculative; they do not show that any racist statements were made. Cf., e.g., United States v. Henley, 238 F.3d 1111, 1120-21 (9th Cir.2001) (juror reportedly said something to the effect that “the niggers are guilty“); Tobias v. Smith, 468 F.Supp. 1287, 1289-90 (W.D.N.Y.1979) (jury foreperson said “[y]ou can‘t tell one black from another.“).