Curtis Ervin v. Ron Davis

I. FACTUAL AND PROCEDURAL BACKGROUND

As the California Supreme Court explained in detail, Ervin, a black man, was convicted and sentenced to death in 1991 for carrying out a murder for hire in Alameda County. People v. Ervin, 990 P.2d 506, 513–14 (Cal. 2000). During jury selection, the prosecution exercised 15 peremptory strikes, removing 9 of the 11 black prospective jurors subject to questioning. See id. at 518. The black prospective jurors who were removed were: Alfred Hudnall, JoAnn White, Lisa Kelley, Eloise Knox, Roslyn Roberts, Caroline Mullen, James Thomas, Pamala Blake, and Lionel Jackson. Id. at 519. Ultimately, Ervin’s jury included one black juror and one black alternate—the rest of his jury was predominantly, if not entirely, white. Id.

1 This opinion only addresses the Batson issue. A concurrently filed memorandum disposition resolves the remaining issues on appeal.

ERVIN V. DAVIS

Ervin challenged the prosecutor’s use of peremptory strikes as racially motivated, raising multiple objections under Batson and its California analog, People v. Wheeler, 583 P.2d 748 (Cal. 1978). Ervin, 990 P.2d at 518. In response, the prosecutor…