The Court of Appeal held that the trial court prejudicially erred when it concluded the People’s peremptory challenge was valid because the prosecutor provided no evidence to rebut the presumptively invalid reasons for exercising the challenge. The reason was presumptively invalid under Code of Civil Procedure section 231.7, which was added by Assembly Bill No. 3070 (2019-2020 Reg. Sess.), a bill that creates new procedures for identifying unlawful discrimination in the use of peremptory challenges. The court reversed the judgment and remanded for a new trial.
Name: Jury Peremp/Wheeler
Case #: C096022
Opinion Date: 05/19/2023
Attorney: William G. Holzer
Summary
