Can a judge exercise peremptory challenges against prospective jurors?

California, United States of America


The following excerpt is from People v. Deanda, F072163 (Cal. App. 2018):

might have exercised the peremptory challenges against the prospective jurors in question. [Citations.]" (People v. Griffin (2004) 33 Cal.4th 536, 555, fn. omitted, disapproved on another ground in People v. Riccardi (2012) 54 Cal.4th 758, 824, fn. 32.) "Because [Batson-]Wheeler motions call upon trial judges' personal observations, we view their rulings with 'considerable deference' on appeal. [Citations.]" (People v. Howard (1992) 1 Cal.4th 1132, 1155.)

We conclude substantial evidence supports the trial court's ruling.5

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