United States v. Benjamin Omoruyi, 7 F.3d 880 (9th Cir. 1993). · Go Syfert
United States v. Benjamin Omoruyi, 7 F.3d 880 (9th Cir. 1993). Cases Citing This Book View Copy Cite
21 citation events (15 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Javier Escandon Velasquez (ca9, 2019-02-06)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Javier Escandon Velasquez
9th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
peremptory challenges based on marital status do not violate batson.
cited Cited as authority (rule) State v. Bell
N.C. · 2025 · confidence medium
E.g., United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir. Joseph Katz.
cited Cited as authority (rule) Traverse Therapy Services PLLC v. Sadler-Bridges Wellness Group PLLC
W.D. Wash. · 2024 · confidence medium
The Ninth Circuit embraces a 6 “pragmatic approach focusing on severability and efficient judicial administration.” Wood, 422 7 F.3d at 880.
discussed Cited as authority (rule) Mpock v. FCA US LLC
E.D. Cal. · 2021 · confidence medium
Further, the Ninth Circuit has accepted, without adopting, the “presumption of 5 continuing domicile,” which provides that “once established, a person’s state of domicile continues 6 unless rebutted with sufficient evidence of change.” Mondragon v. Capital One Auto Fin., 736 7 F.3d 880, 886 (9th Cir. 2013). 8 Here, the Court finds the TransUnion report showing Plaintiff has a California driver’s 9 license, has resided in California for over thirty years (including at the time of removal), and has 10 not established residency in any other state during that time — combined with Def…
discussed Cited as authority (rule) People v. Mata CA2/7
Cal. Ct. App. · 2021 · confidence medium
(See People v. Trinh (2014) 59 Cal.4th 216, 242 [trial court did not err in ruling that the prosecutor’s reason for challenging a prospective juror, “who was 45 and single and had never been married or had children,” was “bona fide”]; United States v. Omoruyi (9th Cir. 1993) 7 F.3d 880, 881 [“[p]eremptory challenges based on marital status do not violate Batson”].)8 Because the prosecutor’s reasons were plausible and supported by the record, the trial court’s inquiry was adequate.
discussed Cited as authority (rule) Mitcham v. Davis
N.D. Cal. · 2015 · confidence medium
What matters is the real reason they were stricken.”); United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir.1993) (“A pattern of discrimination is not necessary if there is evidence which reveals a discriminatory motive in challenging jurors.”).
discussed Cited as authority (rule) Kesser v. Cambra
9th Cir. · 2006 · confidence medium
We have previously found that “fac- tors [that] may have been relevant in negating a ‘pattern’ of discrimination in the jury selection” are “not persuasive in the face of the prosecutor’s statements expressly admitting a dis- criminatory motive.” United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir. 1993) (finding that where the government admit- 5 There is another evidentiary difference between this case and Miller- El.
discussed Cited as authority (rule) Richard Craig Kesser v. Steven J. Cambra, Jr., Warden (2×)
9th Cir. · 2006 · confidence medium
We have previously found that "factors [that] may have been relevant in negating a `pattern' of discrimination in the jury selection" are "not persuasive in the face of the prosecutor's statements expressly admitting a discriminatory motive." United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir.1993) (finding that where the government admitted to a strategy of striking unmarried women but not unmarried men, inclusion of six women on the panel did not prevent a finding of discrimination).
discussed Cited as authority (rule) Thomas v. Anchorage Equal Rights Commission
9th Cir. · 1999 · signal: cf. · confidence medium
See Smith v. Shalala, 5 F.3d 235, 239 (7th Cir.1993) (“Because [a] classification based on marital status does not involve a suspect class and does not impact a fundamental interest, we must examine it under the rational basis test.”); cf. United States v. Omoruyi, 7 F.3d 880, 881 (9th Cir.1993) (“Peremptory challenges based on marital status do not violate [Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986)].”).
discussed Cited as authority (rule) 99 Cal. Daily Op. Serv. 414, 99 Daily Journal D.A.R. 1005, 99 Daily Journal D.A.R. 506, 99 Daily Journal D.A.R. 611 Kevin Thomas and Joyce Baker v. Anchorage Equal Rights Commission and the Municipality of Anchorage, and Paula Haley in Her Official Capacity as the Executive Director of the Alaska State Commission for Human Rights, Kevin Thomas and Joyce Baker v. Anchorage Equal Rights Commission and the Municipality of Anchorage, and Paula Haley in Her Official Capacity as the Executive Director of the Alaska State Commission for Human Rights
9th Cir. · 1999 · signal: cf. · confidence medium
See Smith v. Shalala, 5 F.3d 235, 239 (7th Cir.1993) ("Because [a] classification based on marital status does not involve a suspect class and does not impact a fundamental interest, we must examine it under the rational basis test."); cf. United States v. Omoruyi, 7 F.3d 880, 881 (9th Cir.1993) ("Peremptory challenges based on marital status do not violate [Batson v. Kentucky, 476 U.S. 79 , 106 S.Ct. 1712 , 90 L.Ed.2d 69 (1986) ].").
discussed Cited as authority (rule) United States v. Ronald S. Arnold
9th Cir. · 1996 · confidence medium
See Burks, 27 F.3d at 1429 (a prosecutor's willingness to accept minorities on the jury is a valid consideration in determining whether she violated Batson ); United States v. Omoruyi, 7 F.3d 880, 881 (9th Cir.1993) (noting that a prosecutor's decision not to use some peremptory challenges combined with a willingness to seat minority jurors cuts against a pattern of discrimination).
cited Cited as authority (rule) United States v. Benjamin Omoruyi
9th Cir. · 1995 · confidence medium
United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir.1993).
cited Cited "see" United States v. D'AnDre Lampkins, David D. Reed and Stephen D. Bright
7th Cir. · 1995 · signal: see · confidence high
See United States v. Omoruyi, 7 F.3d 880 (9th Cir.1993); United States v. De Gross, 960 F.2d 1433 (9th Cir.1992).
discussed Cited "see, e.g." Stanley Williams v. Jeanne Woodford, Warden, California State Prison at San Quentin (2×)
9th Cir. · 2005 · signal: see also · confidence medium
We have held that the Constitution forbids striking even a single prospective juror for a discriminatory purpose." Vasquez-Lopez, 22 F.3d at 902 (citations omitted); see also United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir.1993) (holding that evidence of a pattern of discrimination is not necessary where other evidence reveals discriminatory motive in challenging jurors exists).
discussed Cited "see, e.g." Williams v. Woodford
9th Cir. · 2005 · signal: see also · confidence medium
We have held that the Constitution forbids striking even a single prospective juror for a discriminatory purpose.” Vasquez-Lopez, 22 F.3d at 902 (citations omitted); see also United States v. Omoruyi, 7 F.3d 880, 882 (9th Cir. 1993) (holding that evidence of a pattern of discrimination is not necessary where other evi- dence reveals discriminatory motive in challenging jurors exists).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Benjamin OMORUYI, Defendant-Appellant
92-50628.
Court of Appeals for the Ninth Circuit.
Oct 19, 1993.
7 F.3d 880
93 Cal. Daily Op. Serv. 7744
1993 U.S. App. LEXIS 27040
1993 WL 411757
Alan Rubin, Epstein, Adelson, & Rubin, Los Angeles, CA, for defendant-appellant., Mark Larsen, Asst. U.S. Atty., Los Ange-les, CA, for plaintiff-appellee.
Tang, Canby, Beezer.
Cited by 18 opinions  |  Published
Pinpoint authority: bottom 54%
TANG, Circuit Judge:

Benjamin Omoruyi appeals his conviction for possession of counterfeit securities in violation of 18 U.S.C. § 513.

I.

Omoruyi argues that the district court erred by permitting the government to peremptorily challenge female prospective jurors on the basis of gender.

The first government peremptory challenge was exercised against an unmarried white woman, and the second against an unmarried black woman. Omoruyi objected to the second challenge on the basis that it was racially discriminatory. In response to the district court’s request to explain the challenge, the government counsel responded: “Because she was a single female and my concern, frankly, is that she, like the other juror I struck, is single and given defendant’s good looks would be attracted to the defendant.” Although the district court suggested that the government “use a little better standard” in articulating its peremptory challenges, the court denied the defendant’s motion for a new jury.

In United States v. DeGross, 960 F.2d 1433 (9th Cir.1992) (en banc), we extended Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), to gender-based peremptory challenges and held that “equal protection principles prohibit striking venireper-sons on the basis of their gender.” Id. at 1439. We concluded that a peremptory challenge on the basis of gender “(1) harms the excluded venirepersons, (2) undermines public confidence in the judicial system, and (3) stimulates community prejudice,” and “violates the defendant’s right to equal protection of the laws because the defendant is entitled to be tried by a jury chosen pursuant to nondiscriminatory criteria.” Id. at 1438.

The government argues that the focus of the strike was the jurors’ marital status, not gender. Peremptory challenges based on marital status do not violate Batson. See United States v. Nichols, 937 F.2d 1257, 1264 (7th Cir.1991), cert. denied, — U.S. -, 112 S.Ct. 989, 117 L.Ed.2d 151 (1992).

However, the prosecutor’s comments that he was concerned that these single women would be attracted to the defendant reveal that the jurors were struck because they were women; the prosecutor did not strike the single men on the venire. The government’s articulated reason for striking these women is in no way based upon their qualifications to serve as jurors but rather on “the false assumption that [single women] are unqualified to serve as jurors ... [or] are unable to consider impartially the ease” against Omoruyi. DeGross, 960 F.2d at 1439. Allowing this peremptory challenge “would simply affirm an erroneous and unconstitutional presumption that women are less qualified than men to serve as jurors.” Id. at 1438.

The government argues that the fact that there were six women on the petit jury, combined with the fact that it did not exercise four of its peremptory challenges, cuts against the finding of a pattern of discrimination. See Nichols, 937 F.2d at 1264 (in addition to government’s race-neutral explanation, three black jurors were seated while the government had peremptory strikes available). The government also contends that half of its witnesses were women, which un[*882] dercuts the defendant's claim of discrimination against women. See Hernandez v. New York, - U.S. -, -, 111 S.Ct. 1859, 1872, 114 L.Ed.2d 395 (1991) (fact that victims and prosecution witnesses were Latinos undercut any motive to exclude Latinos from jury). While these factors may have been relevant in negating a "pattern" of discrimination in the jury selection, these arguments are not persuasive in the face of the prosecutor's statements expressly admitting a discriminatory motive.

A pattern of discrimination is not necessary if there is evidence which reveals a discriminatory motive in challenging jurors. See United States v. Lorenzo, 995 F.2d 1448, 1453-54 (9th Cir.1993) cert. den., 114 S.Ct. 225 (1993) ("The racially-based exclusion of even a single juror violates the Fourteenth Amendment."), citing United States v. Bishop, 959 F.2d 820, 827 (9th Cir.1992). See also DeGross, 960 F.2d at 1443 (challenge of one woman on gender-based grounds violated the defendant's equal protection rights).

There was "an admission of purposeful gender discrimination" in this case which rio-latecl the defendant's right to equal protection, see id. at 1443, and Omoruyi's conviction is reversed. It is therefore unnecessary to reach Omoruyi's argument that the district court abused its discretion by denying his motion for continuance of the trial due to the unavailability of Criminal Justice Act funds to pay his expert handwriting witness.

REVERSED AND REMANDED.