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Name: Trial Proceedings

Appellant argued the prosecutor’s use of certain peremptory challenges during jury voir dire violated Code of Civil Procedure section 231.7, which was enacted by Assembly Bill 3070 on January 1, 2022, several months before the April 2022 trial in this matter. (§ 231.7, subd. (i).) Section 231.7, subdivision (j), mandates that any error in overruling an objection to a peremptory challenge under section 231.7 must be deemed prejudicial and requires retrial. The Court of Appeal agreed that the peremptory challenge against Prospective Juror No. 15 was predicated on presumptively invalid reasons under section 231.7, subdivisions (e) and (g)(1)(B), and the presumption was not rebutted. As a result, the trial court should have sustained the objection to the peremptory challenge of Prospective Juror No. 15. Based on section 231.7, the court reversed appellant’s conviction and remanded for a new trial.