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Montez v. Superior Court

Citations: 10 Cal. App. 3d 343; 88 Cal. Rptr. 736; 1970 Cal. App. LEXIS 1845Docket: Civ. 36021

Court: California Court of Appeal; August 7, 1970; California; State Appellate Court

Narrative Opinion Summary

The case involves petitioners challenging the legality of a grand jury's composition, arguing systematic exclusion of Mexican-Americans. They contended that the 1969 Los Angeles County grand jury was illegally constituted due to the exclusion of 'Spanish-surnamed Mexican American citizens.' Petitioners sought to quash their indictments based on this alleged discrimination, referencing the related People v. Castro case where similar claims were made. The court, however, found that the 1969 data did not establish a prima facie case of discrimination, limiting the petitioners' ability to call judges as witnesses. The ruling underscored that statistical representation alone does not prove discrimination, and petitioners failed to offer sufficient proof of systematic exclusion. The court denied their motion, noting that while Mexican-Americans were underrepresented, this was not enough to prove discrimination without evidence of intentional exclusion. Petitioners failed to object to the presiding judge's testimony, waiving their rights to disqualify him. The court ultimately issued a peremptory writ of prohibition, allowing the petitioners to reassess their motion to quash or rehear it at the court's discretion. The petitioners' broader claims of systematic exclusion and other procedural grievances were largely dismissed or deemed unnecessary for resolution.

Legal Issues Addressed

Judicial Role and Witness Testimony in Grand Jury Selection

Application: The petitioners failed to object to the presiding judge's role as a witness and did not challenge his qualifications until after his testimony, thereby waiving their right to disqualify him.

Reasoning: Petitioners, who intended to examine every grand jury 'selector,' including the presiding judge, failed to object under section 703, subdivision (b)... Consequently, they waived their right to disqualify the judge.

Offer of Proof in Jury Discrimination Claims

Application: The court indicated that an offer of proof was unnecessary for appeal since it would not accept evidence unless the 1969 statistics showed a prima facie case.

Reasoning: First, the court indicated it would not accept evidence unless the 1969 statistics showed a prima facie case, making an offer of proof unnecessary for appeal.

Role of Statistical Representation in Jury Selection

Application: The presence of nominees from a specific class does not automatically equate to a fair selection process, and underrepresentation does not indicate illegality.

Reasoning: The presence of nominees does not equate to a fair selection process, and underrepresentation does not automatically indicate illegality.

Statistical Evidence in Jury Discrimination Cases

Application: The court ruled that petitioners had not established a prima facie case of discrimination based solely on 1969 data, which limited their ability to call judges as witnesses.

Reasoning: The court ruled that petitioners had not established a prima facie case of discrimination based solely on 1969 data, determining that further evidence was irrelevant.

Systematic Exclusion in Grand Jury Selection

Application: The petitioners argued that the grand jury was illegally constituted due to the systematic exclusion of 'Spanish-surnamed Mexican American citizens' from grand jury nominations, but the court found no prima facie case of discrimination based on the 1969 data.

Reasoning: Petitioners moved to quash the indictment, arguing that the grand jury was illegally constituted due to the systematic exclusion of 'Spanish-surnamed Mexican American citizens' from grand jury nominations.