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Name: Mosby v. Superior Court (2024) 99 Cal.App.5th 106
Case #: E080924
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 01/25/2024

To make a prima facie showing of discriminatory charging under the Racial Justice Act (RJA), the defendant must offer evidence that, if believed, would show both a racial disparity in charging in the county and that nonminority defendants who were similarly situated and engaged in similar conduct faced lower charges. Mosby was charged in Riverside County with capital murder. He filed motions under the RJA seeking to bar the prosecution from pursuing the death penalty based on racially discriminatory charging practices in the county. (Pen. Code, § 745(a)(3).)  The trial court ultimately rejected the RJA claim at the prima facie…

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