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Hernandez v. Texas 74 S.Ct. 667

Hernandez v. Texas 74 S.Ct. 667

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Published by: Thalia Sanders on Nov 28, 2011
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Westlaw Delivery Summary Report for PATRON ACCESS,-
Date/Time of Request: Monday, November 28, 2011 09:12 EasternClient Identifier: PATRON ACCESSDatabase: SCTFINDCitation Text: 74 S.Ct. 667Lines: 377Documents: 1Images: 0
Criminal. Texas. Hernandez v. State of Tex. May 3, 1954
The material accompanying this summary is subject to copyright. Usage is governed by contract with Thomson Reuters,West and their affiliates.
 
Supreme Court of the United StatesHERNANDEZv.STATE OF TEXAS.No. 406.Argued Jan. 11, 1954.Decided May 3, 1954.Prosecution for murder wherein defendantmoved to quash indictment and petit jury panel onground that persons of Mexican descent were sys-tematically excluded from service of jury commis-sioners, grand jurors, and petit jurors, although theywere qualified to serve. The District Court, JacksonCounty, overruled motions and defendant appealed.The Court of Criminal Appeals,251 S.W.2d 531,affirmed, and defendant was granted certiorari. TheSupreme Court, Mr. Chief Justice Warren, held thatevidence warranted finding that persons of Mexicandescent were a separate class, distinct from whites,in the community in question, and that there hadbeen a systematic exclusion of the members of suchclass from jury service.Judgment reversed.West Headnotes
[1]Constitutional Law 92 3306
92Constitutional Law92XXVIEqual Protection92XXVI(B)Particular Classes 92XXVI(B)8Race, National Origin, orEthnicity92k3305Juries92k3306k. In General.Most CitedCases(Formerly 92k221(1), 92k221)It is a denial of equal protection of the laws totry defendant of a particular race or color under anindictment issued by grand jury, or before a petit jury, from which all persons of his race or colorhave, solely because of that race or color, been ex-cluded by the state, whether acting through its le-gislature, its courts, or its executive or administrat-ive officers.U.S.C.A.Const. Amend. 14.
[2]Constitutional Law 92 3830
92Constitutional Law92XXVIEqual Protection92XXVI(G)Juries92k3830k. In General.Most Cited Cases (Formerly 92k250.2(4), 92k221)The exclusion of a class of persons from juryservice on grounds other than race or color may de-prive a defendant who is a member of that class of the constitutional guarantee of equal protection of the laws.U.S.C.A.Const. Amend. 14.
[3]Constitutional Law 92 3306
92Constitutional Law92XXVIEqual Protection92XXVI(B)Particular Classes 92XXVI(B)8Race, National Origin, orEthnicity92k3305Juries92k3306k. In General.Most CitedCases(Formerly 92k221(1), 92k221)Within contemplation of equal protectionclause, operating to render invalid a trial of a de-fendant of a particular class under an indictment is-sued by grand jury, or before a petit jury, fromwhich all persons of such class have been excluded,Negroes and “whites” are not the only two classesto which such protection extends, but other racialgroups in a community may be included, dependingupon whether it can be factually established thatsuch a group exists within a community.U.S.C.A.Const. Amend. 14.
[4]Constitutional Law 92 3057
92Constitutional Law74 S.Ct. 667 Page 1347 U.S. 475, 74 S.Ct. 667, 98 L.Ed. 866
(Cite as: 347 U.S. 475, 74 S.Ct. 667)
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.
 
92XXVIEqual Protection92XXVI(A)In General 92XXVI(A)6Levels of Scrutiny92k3052Rational Basis Standard; Reasonableness92k3057k. Statutes and OtherWritten Regulations and Rules.Most Cited Cases(Formerly 92k211(2), 92k211)Whether there exists within a community a par-ticular class needing aid of courts in securing equaltreatment under the laws is a question of fact, andwhen the existence of a distinct class is demon-strated, and it is further shown that laws, as writtenor as applied, single out that class for differenttreatment not based on some reasonable classifica-tion, the guarantees of the Fourteenth Amendmenthave been violated.U.S.C.A.Const. Amend. 14.
[5]Constitutional Law 92 3306
92Constitutional Law92XXVIEqual Protection92XXVI(B)Particular Classes 92XXVI(B)8Race, National Origin, orEthnicity92k3305Juries92k3306k. In General.Most CitedCases(Formerly 92k221(1), 92k221)The exclusion of otherwise eligible personsfrom jury service solely because of their ancestry ornational origin is discrimination prohibited by theFourteenth Amendment, even though the particularstate statute relative to selecting grand and petit jur-ors is fair on its face and capable of being utilizedwithout discrimination, as well as in a discriminat-ory manner. Vernon's Ann.C.C.P. arts. 333-350,592;Vernon's Ann.Civ.St. art. 2107; U.S.C.A.Const. Amend. 14.
[6]Constitutional Law 92 3250
92Constitutional Law92XXVIEqual Protection92XXVI(B)Particular Classes 92XXVI(B)8Race, National Origin, orEthnicity92k3250k.In General.Most Cited Cases(Formerly 92k215)The attitude of the particular community to-wards a group allegedly discriminated against isrelevant as proof showing that such group, such asthose persons of Mexican descent, constitutes aseparate class distinct from whites therein.U.S.C.A.Const. Amend. 14.
[7]Indictment and Information 210 140(2)
210Indictment and Information210VIIIMotion to Quash or Set Aside210k140Hearing and Determination 210k140(2)k. Evidence.Most Cited Cases
Jury 230 120
230Jury230VCompetency of Jurors, Challenges, andObjections230k114Challenge to Panel or Array, and Motion to Quash Venire230k120k. Affidavits and Other Evid-ence.Most Cited CasesIn murder prosecution, wherein it was conten-ded that persons of Mexican descent were systemat-ically excluded from service as jury commissioners,grand jurors, and petit jurors, although there weresuch persons fully qualified to serve, evidence re-quired conclusion that persons of Mexican descentconstituted a separate class in the community inquestion, for purposes of charge of group discrim-ination. Vernon's Ann.C.C.P.Tex. arts. 333-350,592; Vernon's Ann.Civ.St.Tex.art. 2107; U.S.C.A.Const. Amend. 14.
[8]Jury 230 33(1)
230Jury230IIRight to Trial by Jury230k30Denial or Infringement of Right 230k33Constitution and Selection of Jury74 S.Ct. 667 Page 2347 U.S. 475, 74 S.Ct. 667, 98 L.Ed. 866
(Cite as: 347 U.S. 475, 74 S.Ct. 667)
© 2011 Thomson Reuters. No Claim to Orig. US Gov. Works.

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