How have the courts treated the issue of whether the defense has made out a prima facie case of discrimination?

MultiRegion, United States of America

The following excerpt is from U.S. v. Gillam, 167 F.3d 1273 (9th Cir. 1999):

Appellants contend that the court erred in failing to make an initial ruling on whether the defense had made out a prima facie case of discrimination and in failing to make findings as to whether the government had offered a race-neutral reason. Defendants' first contention is without merit: Once a prosecutor has offered a race-neutral explanation for the peremptory challenge and the trial court has ruled on the ultimate question of intentional discrimination, the preliminary issue of whether the defendant has made a prima facie showing becomes moot. See Hernandez v. New York, 500 U.S. 352, 359, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991).

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