Does a trial court's invitation to the prosecutor to state his reasons for excusing a prospective juror constitute an implicit finding that appellant has established a prima facie case of intentional racial discrimination?

California, United States of America


The following excerpt is from People v. Poole, B276630 (Cal. App. 2018):

3. The trial court's invitation to the prosecutor to state his reasons for excusing the prospective juror did not constitute an implicit finding that appellant had established a prima facie case of intentional racial discrimination. To the contrary, the court explicitly found no prima facie showing had been made and then asked the prosecutor if he "want[ed] to state [his] reasons . . . just in case the appellate court disagrees." (See People v. Taylor (2010) 48 Cal.4th 574, 613-614 & fn. 9 [even though the trial court had found no prima facie case of discrimination, by asking the prosecutor to state her reasons for the challenges the trial court had followed " 'better practice' "].)

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