Brown

ORDER

INTRODUCTION

Petitioner, Mendes Stanley Brown, has petitioned for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Brown seeks an order vacating his murder conviction and sentence of imprisonment for life without parole on grounds that the selection of the grand jury foreperson violated his equal protection and due process rights under the United States Constitution. Specifically, Brown, an African-American, alleges that his rights were violated because no Chinese-Americans, Filipino-Americans or Hispanic-Americans had served as foreperson of a San Francisco indictment grand jury for the 36-year period from 1960 to 1996. While the length of this period is troubling, the Court concludes, for the reasons discussed below, that Brown’s habeas petition must nonetheless be denied.

FACTUAL AND PROCEDURAL BACKGROUND

On May 11, 1995, a San Francisco grand jury returned an indictment against Brown charging him with first degree murder with use of a firearm and use of a deadly weapon, robbery and burglary with use of a firearm and being an ex-felon in possession of a firearm. Brown sought to quash the indictment based on the grounds that the selection of the grand jury…