Pope

MEMORANDUM **

Appellant George Pope (“Pope” or “Petitioner”) was convicted by a jury in California state court of petty theft, misdemeanor battery, and resisting a police officer. Under that state’s Three Strikes Law, he was sentenced to life in prison. Pope alleges that he was denied his Sixth and Fourteenth Amendment rights to a fair trial when the judge made the following statement to the jury venire at the beginning of voir dire:

In district court, Respondent Candelaria agreed that this statement was made, but argued it was made not only with Pope’s consent but also at his specific request. 1 The record contains a declaration from the deputy district attorney who prosecuted the case, stating that there was an in-chambers discussion prior to trial at which Pope, both counsel, and the judge were present. Pope was allegedly concerned that there were members of the jury pool biased against African-Americans and thus indicated that he wished the judge to make the statement.

Pope’s habeas petition denies that he was ever a part of such a pre-trial conference and that his trial counsel told him that the judge was going to use the offensive racial epithet. He specifically denies…