What is the test for making a prima facie case after the excusal of only one or two members of a group?

California, United States of America


The following excerpt is from People v. Hill, E053803 (Cal. App. 2012):

5. "Although circumstances may be imagined in which a prima facie case could be shown on the basis of a single excusal, in the ordinary case . . . to make a prima facie case after the excusal of only one or two members of a group is very difficult. [Citation.]" (People v. Bell (2007) 40 Cal.4th 582, 598, fn. 3.)

6. The latter factual assertion is contradicted by the probation officer's report, which reflects two parole revocations.

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