BLAIR v. SUPERIOR COURT

No. B171673.

14 Cal.Rptr.3d 602 (2004)

Gary M. BLAIR, as Jury Commissioner., etc., Petitioner, v. The SUPERIOR COURT of Santa Barbara County, Respondent; The People et al., Real Parties in Interest.

Court of Appeals of California, Second District, Division Six.

As modified July 12, 2004.

Review Granted October 13, 2004.


Attorney(s) appearing for the Case

Hatch & Parent, Diane M. Matsinger, Santa Barbara, Kelly M. Knight; Nye, Peabody & Stirling, David L. Nye, Santa Barbara, for Petitioner.

Thomas W. Sneddon, Jr., District Attorney, Gerald McC. Franklin, Senior Deputy District Attorney, for Real Party in Interest the People.

Sanger & Swysen, Robert M. Sanger, Santa Barbara, for Real Party in Interest Benjamin Ballesteros.

James S. Egar, Public Defender, Raimundo Montes de Oca, Deputy Public Defender, as Amicus Curiae on behalf of Real Party in Interest Benjamin Ballesteros.

No appearance for Respondent.


GILBERT, P.J.

Benjamin Ballesteros is Hispanic and on trial for murder. He challenged the jury venire on the ground that he is denied his Sixth Amendment right to trial by a fair cross-section of the community. He alleges Hispanics are significantly underrepresented and systematically excluded from jury venires.

The trial court granted the motion and ordered the county Jury Commissioner Gary Blair

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