What is the test for establishing a prima facie case in a peremptory motion?

California, United States of America


The following excerpt is from People v. Simental, A148282 (Cal. App. 2018):

" 'Although the question at the first stage concerning the existence of a prima facie case depends on consideration of the entire record of voir dire as of the time the motion was made [citation], we have observed that certain types of evidence may prove particularly relevant. [Citation.] Among these are that a party has struck most or all of the members of the identified group from the venire, that a party has used a disproportionate number of strikes against the group, that the party has failed to engage these jurors in more than desultory voir dire, that the defendant is a member of the identified group, and that the victim is a member of the group to which the majority of the remaining jurors belong. [Citation.] A court may also consider nondiscriminatory reasons for a peremptory challenge that are apparent from and "clearly established" in the record [citations] and that necessarily dispel any inference of bias. [Citations.]' " (People v. Sanchez (2016) 63 Cal.4th 411, 434-435.)

Unless a trial court applies the wrong standard (which it did not do here),3 we review a first-prong ruling for substantial evidence. (People v. Rushing (2011) 197 Cal.App.4th 801, 809.) " 'The determination of whether a defendant has established a prima facie case "is largely within the province of the trial court whose decision is

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