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

California, United States of America


The following excerpt is from The People v. Hardy, C061357, No. 07F01364 (Cal. App. 2010):

"[W]hen a trial court denies a Wheeler motion finding the objector failed to make a prima facie case of group bias, the reviewing court should consider the entire record of voir dire of the challenged jurors." (People v. Gray, supra, 37 Cal.4th at p. 186.) The question of whether the defendant made a prima facie case of group bias--i.e., whether the record supports an inference that the prosecutor excused a juror on the basis of race--is a legal one. (Id. at p. 187.)

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