Taylor v. Sisto

606 F.3d 622, 2010 WL 2039172
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 25, 2010
Docket09-15341
StatusPublished
Cited by1 cases

This text of 606 F.3d 622 (Taylor v. Sisto) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Sisto, 606 F.3d 622, 2010 WL 2039172 (9th Cir. 2010).

Opinions

Opinion by Judge NOONAN; Dissent by Judge IKUTA.

NOONAN, Circuit Judge:

Frank Taylor, a California state prisoner, appeals the judgment of the district court denying his petition for habeas corpus. We reverse the judgment.

FACTS

Early morning September 9, 2002, Frank Taylor was driving his wife’s car. For reasons undisclosed by the record she had reported the car to the police as stolen. Officer Halk called in the license number. The dispatcher told him that the car was stolen. Halk gave chase and called for backup. Eventually, Halk’s patrol car and another patrol car boxed Taylor in his wife’s car into a driveway and signaled to Taylor to obey orders from the police. Taylor backed up his car until it touched Halk’s, then revved his engine and pushed the patrol car backwards, forcing Halk to jump into his car to avoid injury. Taylor then drove on to the sidewalk and briefly escaped. He led the police on a chase in which he sped at speeds from 60 to 100 miles per hour, ignoring speed limits and stop signs. Ultimately, he crashed into a truck and was captured.

PROCEEDINGS

Taylor was charged with evading a peace officer in violation of California Vehicle Code § 2800.2(a) and assault with a deadly weapon on a peace officer in violation of California Penal Code § 245(c).

At the start of jury selection the trial judge gave this admonition to the prospective jurors:

The reason that being a juror is hard is because it’s probably the only time in your life that you are ever asked to take all of the experiences that you have had that have contributed to how you think about everything that you think about and to lay those experiences aside and to only make your decisions based upon what you hear that goes on in this trial, that you hear in this courtroom, and upon that, you must make your decision.
So I ask you to imagine as prospective — as jurors, that there is a large box at the doorway to this courtroom. And when you walk into this courtroom as a juror, you take all the decisions that you have made, all the opinions you have about how people act, how people behave, what kind of people behave in what way, what makes them do that, and you leave them in that box. We call them your biases and your prejudices, and we all have them. We depend upon those biases and prejudices in our normal lives a lot of times, but you can’t depend upon them when you are jurors.
The only thing that we ask you to walk into this courtroom with is your common sense, and that serves you well as a juror, and that’s why it’s the second hardest job in the world [the most difficult job being that of a parent], but that’s what we call upon you to do.

The court’s reference to the “box” and to the putting aside of experience came up during the questioning of ten potential jurors, eight of whom were dismissed. Mr. L, who was dismissed, stated that “[t]he judge told us yesterday to put personal experiences at the door, and if I’m selected as a juror, I would do my best to put that aside, but ... I might have a tough time doing that.....” Ms. D, who was also dismissed, did not understand the challenged admonition. When questioned outside of the presence of the other potential jurors, [624]*624she told the judge that she could set aside her personal experience with sexual assault if the charge did not have elements of sexual of assault, but that she would have “a greater difficulty of putting aside just my everyday experience, because I think that’s what my common sense is based on, is my everyday experience. So I would be hard-pressed to put that aside and still have my common sense.” The court clarified the admonition as follows:

The Court: Let me see if I can make it clearer to you ... so you can be clear with us.
Your everyday experience, like knowing that the sun comes up in the west and sets in the east — comes up in the east and sets in the west, whatever it does, and those kinds of things, that nightfall is the end of the day, that’s pretty common sense; that if you throw things up in the air, they’ll fall down to the ground, that’s what we’re talking about, common’sense, the kind of judgment that we make. Prejudice and judgments have kind of the same root. Prospective Juror D: Oh, Okay.
The Court: That all people with blue eyes act in this particular way, all people with black skin act in that particular way, those are the kind of judgments that you leave in the box outside my courtroom.

During the sequestered questioning of Mr. T, whom the court dismissed for cause, Mr. T stated that he would not be able to put “in the box” his experience of having a brother who was beaten and called racial epithets by sheriffs’ deputies.

During the questioning of the other jurors in open court, the court referred to the “box” as “experiences ... that might affect your judgment.” The judge asked individual potential jurors if they could put particular personal experiences “in the box.” For example, the court asked Mr. J, whom the prosecutor ultimately dismissed, about an experience being subjected to an arrest warrant for a different person with the same name. When Mr. J said that he could be objective, the court asked, “[a]nd your experience with law enforcement would remain in my box out there while listening to the testimony of law enforcement officers?” The court asked other potential jurors if they could set aside the following experiences:

• Mr. K (dismissed): “experiences with your sons that might affect your ability to be fair and impartial” and “feelings” that the potential juror might have if the charged crime was similar to one in which his son had been involved.
• Juror No. 4: “personal experiences” that might create sympathy, referring to the juror’s experience being questioned by a grand jury.
• Mrs. W (dismissed): “experiences like that that might affect your judgment” that must be “control[led] in this particular setting,” referring to prior experiences with law enforcement.

Defense counsel also brought up the “box” in questioning three potential jurors, two of whom he dismissed. Ms. G, who had been prosecuted for a DUI, stated that she did not understand what the “box” was, and counsel clarified that he meant whether her experience of having committed a crime and been prosecuted “will affect your ability to be fair to both sides in this case.” Counsel asked Ms. T, whose husband was a retired peace officer, whether she could leave anything she might have heard from her husband “in the proverbial box outside the courtroom.” Counsel also asked Juror No. 8 whether he could “leave in the box” the “whole experience” of having his father incarcerated for murder, or “whether there is part of that [625]*625experience that may affect your attitude toward either side in this proceeding.”

At the close of evidence, the court did not refer to the “box” or personal experiences.

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Related

Taylor v. Sisto
606 F.3d 622 (Ninth Circuit, 2010)

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Bluebook (online)
606 F.3d 622, 2010 WL 2039172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-sisto-ca9-2010.