The following excerpt is from Ricketts v. City of Hartford, 74 F.3d 1397 (2nd Cir. 1996):
The opinion of this court in footnote 4 seeks to avoid the prima facie case that arises from application of Castaneda v. Partida, 430 U.S. 482, 97 S.Ct. 1272, 51 L.Ed.2d 498 (1977), on the ground that Castaneda involved a "considered governmental policy," while the present case involves only the "mishaps and botches" devoid of discriminatory purpose. This effort is unavailing for two reasons. First, there was no considered governmental policy in Castaneda. Rather there was a substantial disparity consisting of egregious underrepresentation of Mexican-Americans from service as jurors, under a court-structured system that failed for reasons that were not explained. The facts are remarkably parallel to those before us. A "key man" system relied on jury commissioners appointed by a judge. They selected prospective grand jurors from the community at large and created a grand jury list. At defendant's federal habeas corpus hearing:
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