What is the test for determining whether a prosecutor's race-neutral explanation is credible?

California, United States of America


The following excerpt is from People v. Graham, G037997 (Cal. App. 1/30/2009), G037997. (Cal. App. 2009):

But defendants claim the evidence fails to support the trial court's rulings on the third step. "At the third stage of the . . . inquiry, `the issue comes down to whether the trial court finds the prosecutor's race-neutral explanations to be credible. Credibility can be measured by, among other factors, the prosecutor's demeanor; by how reasonable, or how improbable, the explanations are; and by whether the proffered rationale has some basis in accepted trial strategy.' [Citation.] In assessing credibility, the court draws upon its contemporaneous observations of the voir dire. It may also rely on the court's own experiences as a lawyer and bench officer in the community, and even the common practices of the advocate and the office who employs him or her. [Citation.]" (People v. Lenix, supra, 44 Cal.4th at p. 613, fn. omitted.)

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