What is the test for determining whether a strike by a black man with a baseball bat has been purposeful discrimination?

California, United States of America


The following excerpt is from People v. Arellano, 200 Cal.Rptr.3d 491, 245 Cal.App.4th 1139 (Cal. App. 2016):

nondiscriminatory reason, the trial court must decide whether the opponent of the strike has proved the ultimate question of purposeful discrimination." ( People v. Scott (2015) 61 Cal.4th 363, 383, 188 Cal.Rptr.3d 328, 349 P.3d 1028 ( Scott ).) "The ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike." ( People v. Lenix (2008) 44 Cal.4th 602, 612613, 80 Cal.Rptr.3d 98, 187 P.3d 946 ( Lenix ).)

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