How has the mootness rule been applied in the context of race motivation cases?

California, United States of America


The following excerpt is from People v. Scott, 188 Cal.Rptr.3d 328, 349 P.3d 1028, 61 Cal.4th 363 (Cal. 2015):

regarding racial motivation. (Purkett v. Elem (1995) 514 U.S. 765, 768, 115 S.Ct. 1769, 131 L.Ed.2d 834.) Thus, the marginal effect of the mootness rule in dissuading prosecutors from volunteering reasons is likely to be minimal in cases where a trial court's first-stage ruling is questionable. The marginal effect may be greater in cases where a trial court's first-stage ruling is solid, but those are cases where the trial court's first-stage ruling is virtually certain to be affirmedi.e., cases where the prosecutor's refusal to state a reason is fully justified.

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