William Jefferson Walker v. B.D. Goldsmith, Robert Corbin

Petitioner, an Arizona state prisoner, appeals the district court’s summary denial of habeas relief. Walker argues that his sixth amendment right to a jury that represents a fair cross section of the community and his fourteenth amendment right to equal protection were violated because the venire pool from which his trial jury was selected did not include those whose surnames began with the letters “W,” “X,” “Y,” and “Z”. Walker also argues that the venire system employed in his case violated Ariz.Rev.Stat. §§ 21-301 A and 21-313. We affirm the district court's order because there is no evidence that surnames beginning with the letters W through Z constitute a cognizable and distinctive class within the community.

Walker was tried before a jury in the Arizona Superior Court for Pima County. He was convicted of aggravated assault and leaving the scene of an accident on September 30, 1983. He was sentenced to 10 years imprisonment. On May 1, 1987, Walker petitioned the Pima County Superi- or Court for post-conviction relief based on the failure to include those with surnames beginning with the letters W through Z in the venire from which his trial jury had been selected. Walker…