What is the legal test for a motion to dismiss a juror on the basis of race?

California, United States of America


The following excerpt is from People v. Davis, B293205 (Cal. App. 2020):

Assuming without deciding that the trial court's ambiguous ruling on this motion is not entitled to deference, "we are able to apply the high court's standard articulated in Johnson v.

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California, supra, 545 U.S. 162, and 'resolve the legal question whether the record supports an inference that the prosecutor excused a juror on the basis of race.' " (People v. Avila, supra, 38 Cal.4th at p. 554.)

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