The Court of Appeal holds that a trial court’s decisions to sustain a CCP 231.7 objection is reviewed de novo, deferring to the trial court’s factual findings if supported by substantial evidence. The Court concludes that the trial court did not err in sustaining the prosecution’s objection to the defense’s use of a peremptory challenge where the sole reason for seeking to remove the juror was the defense’s failure to ask about his views on gangs and where defense’s notes indicated this was an otherwise good juror. The Court also holds that the trial court did not err in admitting gang evidence and gang expert testimony.
The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/B325167.PDF
