For the purposes of determining whether a defendant has a valid claim against a prosecutor, how have the courts dealt with the issue?

California, United States of America


The following excerpt is from People v. Arias, 13 Cal.4th 92, 51 Cal.Rptr.2d 770, 913 P.2d 980 (Cal. 1996):

For this reason, the record provides us with no ruling on that issue which we might examine for abuse of discretion. (Cf. People v. Turner, supra, 8 Cal.4th 137, 167, 32 Cal.Rptr.2d 762, 878 P.2d 521; People v. Fuentes, supra, 54 Cal.3d 707, 716-717, fn. 5, 286 Cal.Rptr. 792, 818 P.2d 75.) Therefore, [913 P.2d 1008] despite our own substantial doubts that defendant made a prima [13 Cal.4th 136] facie showing of discriminatory challenges by the prosecutor, 15 we bypass that question and proceed directly to a determination whether the court's ultimate acceptance of the prosecutor's justifications can be sustained.

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