What is the test for establishing a prima facie case of discrimination in voir dire?

California, United States of America


The following excerpt is from People v. DIMAS, B223795, Super. Ct. No. SA068055 (Cal. App. 2011):

The determination whether a defendant has established a prima facie case of discrimination is largely within the province of the trial court, whose decision is subject to limited review. (People v. Wimberly (1992) 5 Cal.App.4th 773, 782.) "On appeal, we examine the entire record of voir dire for evidence to support the trial court's ruling. . . . Because of the trial judge's knowledge of local conditions and local prosecutors, powers of observation, understanding of trial techniques, and judicial experience, we must give 'considerable deference' to the determination that [the defendant] failed to establish a prima facie case of improper exclusion." (Ibid., citing People v. Sanders (1990) 51 Cal.3d 471, 501.)

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