Llovera v. Alabama, State of

Hector Llovera was convicted of capital murder in Alabama and sentenced to life in prison without parole. He appealed, arguing that the prosecution had improperly excluded Hispanic individuals from the jury, violating his Sixth Amendment right to an impartial jury and the Equal Protection Clause of the Fourteenth Amendment. The Alabama Court of Criminal Appeals upheld the conviction, rejecting his Batson claims. Llovera then sought review by the U.S. Supreme Court through a petition for a writ of certiorari. On September 29, 2023, the Supreme Court denied the petition without comment, effectively ending his direct appeal and leaving the state court’s ruling in place.

The U.S. Supreme Court denied the petition for a writ of certiorari on September 29, 2023, allowing the Alabama Court of Criminal Appeals’ decision upholding the conviction and sentence to stand.

Whether the prosecution’s peremptory strikes during jury selection intentionally excluded Hispanic jurors, violating the defendant’s constitutional rights under Batson v. Kentucky and the Equal Protection Clause.

The denial of certiorari highlights ongoing tensions regarding racial discrimination in jury selection. It signals the Supreme Court’s reluctance to revisit Batson standards, leaving litigants with limited federal remedies for alleged juror exclusion. The case drew attention from advocacy groups concerned about equal protection in capital cases.