Does a court have to make a sincere and reasoned attempt to evaluate a prosecutor's explanation for a peremptory challenge?

California, United States of America


The following excerpt is from People v. Jones, C078623 (Cal. App. 2018):

We disagree. "[W]hen ruling on a Wheeler motion, the trial court 'must make "a sincere and reasoned attempt to evaluate the prosecutor's explanation in light of the circumstances of the case as then known, his knowledge of trial techniques, and his observations of the manner in which the prosecutor has examined members of the venire and has exercised challenges for cause or peremptorily . . . ." [Citation.]' [Citation.] But in fulfilling that obligation, the trial court is not required to make specific or detailed comments for the record to justify every instance in which a prosecutor's race-neutral reason for exercising a peremptory challenge is being accepted by the court as genuine. This is particularly true where the prosecutor's race-neutral reason for exercising a peremptory challenge is based on the prospective juror's demeanor, or similar intangible factors, while in the courtroom." (People v. Reynoso, supra, 31 Cal.4th at p. 919.)

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