Supreme Court will take up case about juror's racial bias

Ethics

The Supreme Court agreed Monday to decide whether jurors' claims of racially charged comments by another juror can overcome the need for secrecy in jury deliberations.

The justices will hear an appeal from a Hispanic man in Colorado who says he did not have a fair trial because a juror made offensive comments about Mexicans.

The remarks came to light when two other jurors told the defendant's lawyer about them. Courts rarely allow jurors to reveal what went on during their deliberations.

But defendant Miguel Angel Pena Rodriguez argues that the comments were so bad they deprived him of his constitutional right to trial by an impartial jury.

The high court will hear the case in the fall. The NAACP Legal Defense and Educational Fund and the National Congress of American Indians are among the groups backing Pena Rodriguez. They provided the justices with examples of other trials in which jurors uttered slurs or made derogatory remarks about Native American, African-American and Hispanic defendants.

Colorado tried to dissuade the court from taking up the case by arguing there was overwhelming evidence against Pena Rodriguez and that no juror suggested that the offensive comments affected or persuaded anyone else.

After a jury convicted Pena Rodriguez of unlawful sexual contact and harassment involving teenage sisters at a Denver-area horse race track, two jurors provided his lawyer with sworn statements claiming that a third juror made derogatory remarks about Mexican men before voting guilty.

"I think he did it because he's Mexican and Mexican men take whatever they want," is one of several racially tinged statements attributed to the juror identified in court records by the initials H.C. In another comment, the juror is said to have cast doubt on an alibi provided by a Hispanic witness for Pena Rodriguez because the witness was "an illegal." The witness testified that he was in the country legally.

But three separate courts in Colorado said those statements could not be used to upend Pena Rodriguez's conviction because of a long-standing rule that prohibits jurors from testifying about what happens during deliberations. The rule, found in both federal and state law, is intended to promote the finality of verdicts and to shield jurors from outside influences.

Related listings

  • Supreme Court rejects states' challenge to Colorado pot law

    Supreme Court rejects states' challenge to Colorado pot law

    Ethics 03/17/2016

    The Supreme Court has rejected an effort by Nebraska and Oklahoma to have Colorado's pot legalization declared unconstitutional.   The justices are not commenting Monday in dismissing the lawsuit the states filed directly at the Supreme Court ag...

  • Georgia court: Immigrants can't sue state agency on tuition

    Georgia court: Immigrants can't sue state agency on tuition

    Ethics 02/01/2016

    Georgia's highest court on Monday ruled against a group of young people who were brought to the U.S. illegally as children and wanted access to in-state tuition at the state's colleges and universities. However, the court decision hinged not on their...

  • Rome court acquits ex-Vatican accountant of corruption

    Rome court acquits ex-Vatican accountant of corruption

    Ethics 01/15/2016

    A lawyer for an Italian monsignor who was fired from his Vatican accountant's job says a Rome court has acquitted his client of corruption. Prosecutors alleged Monsignor Nunzio Scarano was involved in a purported plot to use a private plane to try to...

Experienced Business Law Attorneys - Business Law Attorneys in Chicago, Illinois

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

Companies of all sizes have to deal with a lot of bureaucracy and paperwork just to do business. Long gone are the days of simply designing and manufacturing a great product and putting it out there. It can be incredibly overwhelming trying to do business without making yourself vulnerable to a lawsuit.

If you need to craft an agreement between you and investors or business partners, it is prudent to have it reviewed by a business attorney before you sign anything. You may also want to have your vendor contracts, office leases, sales agreements, and other types of agreements looked over as well. From start-ups to established corporations, the Chicago business attorneys at the Roth Law Group have the know-how to help businesses keep legal trouble at bay.

The attorneys at the Roth Law Group have helped their clients at every stage of the business creation and operation process. From registering as a legally-recognized business entity to hiring employees and then copywriting or trademarking a product idea, the right guidance in the beginning can keep you out of trouble later on.