Does the record show that defense counsel sought to excuse one Spanish-surnamed juror for cause?

California, United States of America


The following excerpt is from People v. Hernandez, 253 Cal.Rptr. 199, 47 Cal.3d 315 (Cal. 1988):

37 The record does establish that defense counsel himself sought to excuse one Spanish-surnamed juror for cause due to her pro-death-penalty attitude. It also reveals that counsel made a Wheeler motion (see People v. Wheeler (1978) 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748) in response to the prosecutor's use of peremptory challenges to exclude Blacks from the jury. While legitimate grounds for exercise of those challenges were established, the fact that counsel made the Wheeler motion indicates he was aware of the general issue of the ethnic composition of the jury.

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