The California Supreme Court holds that under CCP 231.7, behavior based reasons for striking jurors are presumptively invalid unless there is 1) confirmation of the behavior by the court and 2) an explanation of why the behavior matters in the case. Courts must then determine whether, based on an evaluation of all the reasons given to justify the peremptory challenge in light of the totality of the circumstances, there is a substantial likelihood that an objectively reasonable person would view race or other protected status as a factor in the strike.

The full opinion is available on the court’s website here: https://www4.courts.ca.gov/opinions/documents/S287786.PDF