Does comparative juror analysis need to be considered by the appellate court?

California, United States of America


The following excerpt is from In re Mcgee, B253231 (Cal. App. 2014):

Lenix further clarified that while appellate courts must consider comparative juror analysis when such evidence is relied on by the defendant, we still "accord significant deference to the [trial court's] factual findings on the question of discriminatory intent" (Lenix, supra, 44 Cal.4th at p. 626) and "'examin[e] only whether substantial evidence supports its conclusions.' [Citation]." (People v. Montes (2014) 58 Cal.4th 809, 847 (Montes).)

Page 15

B. McGee Is Not Procedurally Barred from Pursuing Habeas Relief Predicated on Comparative Juror Analysis

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