Racial Bias in the Jury Room Post Sanchez: New Strategies for the Defense

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Racial Bias in the Jury Room Post Sanchez: New Strategies for the Defense
About the Program

When overt racial or other unconstitutional bias enters the jury room, simply removing the offending juror does not erase the resulting constitutional harm. The Ninth Circuit held that the Remmer presumption of prejudice applies when racial bias arises during deliberations, shifting the burden to the government to rebut that presumption. The court ultimately reversed six fraud convictions after concluding that excusing the biased juror and allowing the remaining eleven jurors to continue deliberating failed to cure the prejudice.

In this program, the presenter examines the Ninth Circuit’s landmark decision in United States v. Sanchez, a case involving jurors who made derogatory remarks about Hispanic culture, referenced the cartel, and expressed bias toward LGBTQ individuals during jury deliberations. The discussion covers the Ninth Circuit’s reasoning, including why the government failed to establish harmless error and how the stigma surrounding the reporting of racial bias contributed to an incomplete trial record. Attendees will also examine the intersection of Sanchez with California Penal Code section 745 and AB 1071, which lowers the prima facie threshold under the California Racial Justice Act and expands relief to post-conviction proceedings. Attendees will gain practical guidance on this evolving area of law and effective strategies for identifying, preserving, and litigating racial prejudice claims in criminal cases.

Speaker(s)
Orly Ahrony

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Ahrony Appeals Law Group

Orly Ahrony is the founding attorney of Ahrony Appeals Law Group, where she focuses exclusively on criminal appeals and post-conviction relief throughout California. For more than 16 years, she has built a distinguished reputation representing clients in criminal appeals, state and federal habeas corpus proceedings, parole hearings, resentencing matters, and other post-conviction litigation. Ms. Ahrony also serves as an attorney with the Independent Defense Counsel Office (IDCO).

Ms. Ahrony has successfully secured the reversal of numerous life sentences through California’s criminal justice reforms, obtaining relief under writs of habeas corpus, Penal Code sections 1172.6 and 1172.1, and the California Racial Justice Act. Her extensive appellate experience has established her as a trusted advocate for individuals seeking meaningful post-conviction relief.

In addition to practicing before all California state courts, Ms. Ahrony is admitted to practice before the U.S. District Courts for the Central, Eastern, and Southern Districts of California, the U.S. Court of Appeals for the Ninth Circuit, and the Supreme Court of the United States.

A recognized legal analyst and commentator, Ms. Ahrony has appeared on KTLA Channel 5 Morning News to discuss California’s bail reform legislation, serves as a legal commentator for the LawNewz Network on high-profile criminal cases, and contributes legal analysis and commentary to the Daily Journal.

Dedicated to educating the next generation of attorneys, Ms. Ahrony has served as a guest lecturer at the University of West Los Angeles School of Law, where she has taught students about the criminal appellate process.

Ms. Ahrony earned her Bachelor of Arts in Psychology, magna cum laude, from California State University, Northridge, in 2008, and her Juris Doctor from California Western School of Law in 2011.

Her commitment to justice began well before entering private practice. As an undergraduate, she volunteered with JusticeCorps, assisting low-income litigants as they navigated the court system, and founded a chapter of Phi Alpha Delta Law Fraternity, International. During law school, she interned with the California Innocence Project, advocating on behalf of wrongfully convicted individuals, and served as a law clerk with the National Science Foundation in Washington, D.C. These experiences laid the foundation for a career devoted to protecting the rights of individuals seeking justice.

Among her many accomplishments, Ms. Ahrony became the first attorney in Marin County Superior Court to obtain a Certificate of Rehabilitation for a client. She is equally recognized for her unwavering commitment to client communication, ensuring that every client understands the legal process, available options, and the strategy for moving forward. Whether handling a complex appeal, post-conviction petition, or resentencing proceeding, Ms. Ahrony is known for providing skilled advocacy, strategic counsel, and compassionate representation to clients and their families.

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Accreditation
Credit Hours:
1.00
Specialty Area:
None
Credit Type:
General
Original Air Date:
September 9, 2026
Accredited in:
California

You may be able to self apply for credits in states not listed. Email for accreditation information in your state.

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