What is the test for establishing that a prosecutor exercised a peremptory challenge based on race?

California, United States of America


The following excerpt is from People v. Chiles, B280041 (Cal. App. 2018):

prima facie showing that the prosecutor exercised a peremptory challenge based on race. Second, if the showing is made, the burden shifts to the prosecutor to demonstrate that the challenges were exercised for a race-neutral reason. Third, the court determines whether the defendant has proven purposeful discrimination. The ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike. [Citation.] The three-step procedure also applies to state constitutional claims." (People v. Lenix, supra, 44 Cal.4th at pp. 612-613; People v. Gutierrez, supra, 2 Cal.5th at p. 1158.)

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