The California Supreme Court holds that excusing the sole remaining Black prospective juror with a peremptory challenge did not establish a prima facie case of discrimination under Batson/Wheeler, given a race-neutral reason in the juror’s equivocal views on the death penalty. The Court concludes that the Racial Justice Act (RJA) does not apply to the basis for peremptory challenges. It further holds there was no other prejudicial RJA violation and affirms the judgment. Justice Evans (joined by Liu) would find a prima facie Batson/Wheeler violation and believes the RJA applies to peremptory challenges; Justice Liu (joined by Evans) would find the O.J. Simpson references an RJA violation.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S126387.PDF