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Name: People v. Adanandus
Case #: A116212
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 11/30/2007

In a Wheeler/Batson challenge to the prosecutor’s use of a peremptory challenge to excuse a prospective juror, a claim that the stricken juror is a member of defendant’s group, without more is insufficient to show a prima facie case of discrimination by the prosecution. When a defendant makes a Wheeler/Batson challenge, he must make a prima facie case showing the totality of the facts gives rise to an inference of discriminatory purpose in excusing a potential juror. The burden then shifts to the prosecution to provide a permissible justification, and then the court must decide whether the opponent of the strike of the juror has proved purposeful discrimination. In this case the defendant was African-American and the prosecution struck three potential jurors who were also African-American. However, the court’s finding of no error was amply supported by the record.