No. 20-8169

Yessenia Jimenez v. United States

Lower Court: Second Circuit
Docketed: 2021-05-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: batson-challenge civil-rights cross-examination due-process fifth-amendment hispanic jury-selection peremptory-challenges peremptory-strikes pretextual-reasons
Latest Conference: 2021-06-24
Question Presented (from Petition)

1. Whether the government violated Batson v. Kentucky, 476 U.S. 79, (1986), in
the trial of a female Hispanic New York City police officer when it used peremptory
challenges on three of the four female Hispanic prospective jurors and provided
pretextual and factually incorrect reasons for its strikes.

2. Whether Ms. Jimenez was improperly prevented from cross-examining and
introducing evidence that was crucial to the defense argument that the sole purpose
for Ms. Jimenez's trips to Massachusetts were social in nature rather than part of
any narcotics conspiracy.

3. Whether the government's reference, in its summation, to Ms. Jimenez's
Fifth Amendment rights in order to impeach her trial testimony, violated her due
process rights and should have resulted in a mistrial.

Question Presented (AI Summary)

Whether the government violated Batson v. Kentucky

Docket Entries

2021-06-28
Petition DENIED.
2021-06-09
DISTRIBUTED for Conference of 6/24/2021.
2021-06-03
Waiver of right of respondent United States of America to respond filed.
2021-05-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 28, 2021)

Attorneys

United States of America
Elizabeth B. PrelogarActing Solicitor General, Respondent
Yessenia Jimenez
Cesar de CastroThe Law Firm of Cesar de Castro, P.C., Petitioner