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19aAppendix D(2) the extent to which voting in the electionsof the state or political subdivision is raciallypolarized;(3) the extent to which the state or politicalsubdivision has used unusually large electiondistricts, majority vote requirements, antisingleshot provisions, or other voting practicesor procedures that may enhance the opportunityfor discrimination against the minority group;(4) if there is a candidate slating process,whether the members of the minority grouphave been denied access to that process;(5) the extent to which members of the minoritygroup in the state or political subdivision bearthe effects of discrimination in such areasas education, employment and health, whichhinder the ability to participate effectively inthe political process;(6) whether political campaigns have beencharacterized by overt or subtle racial appeals;and(7) the extent to which members of the minoritygroup have been elected to public office in thejurisdiction.The Fifth Circuit has noted that “it will be only thevery unusual case in which the Plaintiffs can establishthe existence of the three Gingles factors but still have
20aAppendix Dfailed to establish a violation of § 2 under the totality ofthe circumstances.” Clark v. Calhoun County, Miss., 88F.3d 1393, 1396 (5th Cir.1996.)III. FINDINGS OF FACTA. Expert WitnessesThis case essentially turns on expert opinions,and expert testimony predominated at trial. Plaintiffpresented the testimony of Mr. David Ely 2 and Dr. RichardEngstrom. 3 Defendants offered testimony from Dr. John2. Mr. Ely is the founder of Compass Demographics, aconsulting and database management firm specializing in projectsinvolving Census and election data. (PL’s Ex. 16.) He has a B.S. inMechanical Engineering and Social Sciences. Mr. Ely has servedas an expert witness in a number of voting rights cases, and since1987 he has regularly acted as a consultant in the redistrictingand reapportionment of major cities across the country.3. Dr. Engstrom is a Visiting Research Professor of PoliticalScience and Visiting Research Fellow at the Center for the Studyof Race, Ethnicity, and Gender in the Social Sciences at DukeUniversity. (PL’s Ex. 25.) He formerly served as a consultant atthe Center for Civil Rights at the University of North Carolinaand as a Research Professor of Political Science at the Universityof New Orleans. He has researched and published extensively onelection systems, and three of his articles were cited with approvalin Thornburg v. Gingles.
Page 3 and 4:
iiPARTIES TO THE PROCEEDINGAND RULE
Page 5:
ivTable of ContentsPageREASONS FOR
Page 11:
xCited AuthoritiesStatutes and Othe
Page 14 and 15:
1PETITION FOR A WRIT OF CERTIORARIP
Page 16 and 17:
3The Court should grant the petitio
Page 18 and 19: 5has “an obligation to explain to
Page 20 and 21: 7because the City has substantially
Page 22 and 23: 9City of IrvingPopulation, Voting A
Page 24 and 25: 11The district court granted summar
Page 26 and 27: 13I. This Petition Presents An Impo
Page 28 and 29: 15First, the issue has increasingly
Page 30 and 31: 17wards had far more eligible voter
Page 32 and 33: 19or practice, they cannot claim to
Page 34 and 35: 21This case—in which the choice b
Page 36 and 37: 23two, five, or ten, or one-half.
Page 38 and 39: 25In Chen, the Fifth Circuit reache
Page 40: 27Importantly, then, the Fourteenth
Page 43 and 44: 30Tennessee voters’ dilution chal
Page 45 and 46: 32Under the Plan, as noted above, D
Page 47 and 48: 34slightly larger than 9.9%—prese
Page 49 and 50: 1aAppendix AAPPENDIX
Page 51 and 52: 2aAppendix APER CURIAM: *This case
Page 53 and 54: 4aAPPENDIX B — Appendix MEMORANDU
Page 55 and 56: 6aAppendix Bpopulation numbers are
Page 57 and 58: 8aAppendix Bwhich total population
Page 59 and 60: 10aAppendix Bthe court does acknowl
Page 61 and 62: 12aAppendix CON PETITION FOR REHEAR
Page 63 and 64: 14aAppendix DIrving’s at-large el
Page 65 and 66: 16aAppendix Dother things, the at-l
Page 67: 18aAppendix DThornburg v. Gingles,
Page 71 and 72: 22aAppendix Dcomplying with the Gin
Page 73 and 74: 24aAppendix Done-hundred percent co
Page 75 and 76: 26aAppendix Dhis opinion that would
Page 77 and 78: 28aAppendix Dto estimate the 2008 H
Page 79 and 80: 30aAppendix Dvotes of Hispanics hav
Page 81 and 82: 32aAppendix Daverage household size
Page 83 and 84: 34aAppendix DDr. Rives attempts to
Page 85 and 86: 36aAppendix Dwith sampling error ac
Page 87 and 88: 38aAppendix DIn his expert report,
Page 89 and 90: 40aAppendix DAs Dr. Rives pointed o
Page 91 and 92: 42aAppendix DC. Gingles II & III-Ra
Page 93 and 94: 44aAppendix Dthis methodology canno
Page 95 and 96: 46aAppendix Dthat the confidence th
Page 97 and 98: 48aAppendix Dto Dr. Alford’s hypo
Page 99 and 100: 50aAppendix DD. Totality of the Cir
Page 101 and 102: 52aAppendix DThe Court concludes th
Page 103 and 104: 54aAppendix DNotably, James Dickens
Page 105 and 106: 56aAppendix D1231, 1245-46, 173 L.E
Page 107 and 108: 58aAppendix D2. Proof of Changed De
Page 109 and 110: 60aAppendix DPlaintiff has not empl
Page 111 and 112: 62aAppendix Dthe way in which the v
Page 113 and 114: 64aAppendix Dthe requirement that t
Page 115 and 116: 66aAPPENDIX E — RELEVANT Appendix
Page 117: 68aAppendix Eof insurrection or reb
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