California, United States of America
The following excerpt is from People v. Jones, C078623 (Cal. App. 2018):
We disagree. " '[I]f a prosecutor's proffered reason for striking a black panelist applies just as well to an otherwise-similar nonblack [panelist] who is permitted to serve, that is evidence tending to prove purposeful discrimination.' [Citation.]" (Foster v. Chatman, supra, ___ U.S. at p. ___ [195 L.Ed.2d at p. 20].) However, "comparative
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juror analysis is but one form of circumstantial evidence that is relevant, but not necessarily dispositive, on the issue of intentional discrimination." (People v. Lenix, supra, 44 Cal.4th at p. 622.) "We recognize that a retrospective comparison of jurors based on a cold appellate record may be very misleading when alleged similarities were not raised at trial. In that situation, an appellate court must be mindful that an exploration of the alleged similarities at the time of trial might have shown that the jurors in question were not really comparable." (Snyder v. Louisiana, supra, 552 U.S. at p. 483, italics added.)
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