LOS ANGELES (AP) — A federal appeals court has overturned a Southern California man’s second-degree murder conviction after ruling that a prosecutor improperly excluded a prospective juror because she is a Latina.
The U.S. 9th Circuit Court of Appeals ruling on Tuesday said Anthony Castellanos deserves a new trial because of bias in the jury selection.
Although the jury that eventually convicted Castellanos included seven Latinos, the defendant’s lawyers argued that four Latinos were struck from the jury pool because of their race.
The appeals court said the removal of one juror because of race was enough to grant Castellanos a new trial.
The Los Angeles Times reports (http://lat.ms/1xGGJqJ ) the state may appeal the ruling, retry Castellanos or negotiate a plea agreement.
He was 17 when he shot a 12-year-old in the head.
