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41aAppendix Dblocks are, in fact, geographically very close to the nucleusof Hispanic concentration in south Irving. (See e.g., PL’sExs. 6 and 7.) Therefore, the Court finds that the proposeddistricts are reasonably compact.Dr. Rives argued that Illustrative District C inparticular does not contain a geographically compactarea of Hispanic citizens because the neighborhood ofBenavidez’s home is demographically different from theremainder the Hispanic areas included in the district.(Trial Tr. vol. 1, 66, Feb. 18.) He based his arguments onthe higher rates of citizenship, higher levels of educationalattainment, higher income levels, and the younger housingstock in Benavidez’s neighborhood. (Id.)But the district’s “projections away from the core,”which encompass Benavidez’s residence for standingpurposes, extend only approximately 1.5 miles from theedge of the primary area of Hispanic CVAP concentration.(Id. at 62; Defs.’ Summ. J.App. 9.) Further, IllustrativeDistrict C includes a relatively large area of 30-40%Hispanic CVAP concentration and a small pocket of 50-100% Hispanic CVAP concentration, as well as Benavidez’sresidence. (Id. at 62; PL’s Summ. J.App. 65; Defs.’ Summ.J.App. 12.) Thus, while Benavidez’s neighborhood is notpart of the core of Hispanic concentration and althoughit may differ in some demographic characteristics fromthe core area, it is geographically close to that core andit contains a substantial Hispanic population. Therefore,the Court nonetheless considers Illustrative District Ccompact.
42aAppendix DC. Gingles II & III-Racial PolarizationIn assessing whether racially polarized voting exists ina designated political subdivision, courts generally beginwith a statistical analysis of voting behavior. Campos v.City of Baytown, 840 F.2d 1240, 1244 (5th Cir.1988); seealso Monroe v. City of Woodville, 897 F.2d 763, 764 (5thCir.1990) (“Statistical proof of political cohesion is likelyto be the most persuasive form of evidence, although otherevidence may also establish this phenomenon.”).1. Probative ElectionsTo evaluate whether voting trends are raciallypolarized in Irving, the parties’ experts analyzed the 2005and 2008 Irving elections, in which voters had a choicebetween Hispanic and non-Hispanic candidates. (TrialTr. vol. 1, 196, Feb. 17.) See League of United Latin Am.Citizens, Council No. 4434 v. Clements, 999 F.2d 831, 864(5th Cir.1993) (“Clements”) (“courts usually focus on thoseelections involving ... Hispanic candidates in examiningwhether ... Hispanic voters enjoy an equal opportunity toelect representatives of their choice”). The 2008 electioninvolved the unsuccessful effort of Rigo Reza to win theoffice of mayor, and the likewise unsuccessful effort ofNancy Rivera to win the Place 3 seat on City Council. In2005, Roland Medina unsuccessfully sought the Place 5City Council position. (Id. at 196-97.) The experts wereunable to analyze prior elections due to significant precinctreconfiguration. (Id. at 196.)
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iiPARTIES TO THE PROCEEDINGAND RULE
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ivTable of ContentsPageREASONS FOR
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xCited AuthoritiesStatutes and Othe
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1PETITION FOR A WRIT OF CERTIORARIP
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3The Court should grant the petitio
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5has “an obligation to explain to
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7because the City has substantially
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9City of IrvingPopulation, Voting A
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11The district court granted summar
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13I. This Petition Presents An Impo
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15First, the issue has increasingly
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17wards had far more eligible voter
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19or practice, they cannot claim to
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21This case—in which the choice b
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23two, five, or ten, or one-half.
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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 and 68: 18aAppendix DThornburg v. Gingles,
Page 69 and 70: 20aAppendix Dfailed to establish a
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: 40aAppendix DAs Dr. Rives pointed o
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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