Rodrigo Partida v. Claudio Castaneda, Sheriff

DYER, Circuit Judge:

Partida seeks habeas corpus relief contending that he was denied due process and equal protection of law because the grand jury of Hidalgo County, Texas, which indicted him, was unconstitutionally underrepresented by Mexican-Americans. The district court held that Partida had established a prima facie case of discrimination against Mexican-Americans in the grand jury selection process, but that it had been rebutted. Finding that the county’s 1 evidence was insufficient to rebut the prima facie case, we reverse.

Partida was indicted on March 17, 1972, and was found guilty of…