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Name: People v. Kelly
Case #: E042607
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/30/2008

On appeal, a trial court’s ruling on the issue of discriminatory intent (Wheeler/Batson) must be sustained unless it is clearly erroneous. In the first appeal, the appellate court remanded the matter to allow the prosecutor to state her reasons for exercising peremptory challenges. In this appeal, appellant presented a list of perceived errors: he was denied representation by the defense attorney present at voir dire; the prosecutor was not examined and cross-examined under oath; and the prosecutor’s notes were not produced. The court rejected these assertions, noting that Snyder v. Louisiana (2008) 552 U.S. ___ [170 L.Ed.2d 175, 128 S.Ct. 1203] accorded the trial court’s observations great deference and they are to be upheld absent unusual circumstances. Here, such circumstances were not found to exist.