Is there any limitation in the scope of the appellate review of a defendant's comparative juror analysis?

California, United States of America


The following excerpt is from People v. Romero, B240180 (Cal. App. 2013):

As respondent observes, because defendant did not make a comparative analysis in the trial court, appellate review is necessarily circumscribed. (Lenix, supra, 44 Cal.4th at pp. 622, 624.) "Defendants who wait until appeal to argue comparative juror analysis must be mindful that such evidence will be considered in view of the deference accorded the trial court's ultimate finding of no discriminatory intent. [Citation.]" (Id. at p. 624; see also Hernandez v. New York, supra, 500 U.S. at p. 365.)

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