What is the test for making a prima facie claim in a race discrimination case?

California, United States of America


The following excerpt is from People v. Malek, A147893 (Cal. App. 2018):

We need not address the first step of the analysis. Although the trial court did not conclude defendant had made a prima facie case, it asked the prosecutor if she had "a response to the situation." The prosecutor proceeded to offer a race-neutral explanation for the challenges, even though she stated she believed no prima facie case had been shown. "Once a prosecutor has offered a race-neutral explanation for the peremptory challenges and the trial court has ruled on the ultimate question of intentional discrimination, the preliminary issue of whether the defendant had made a prima facie showing becomes moot." (Hernandez v. New York (1991) 500 U.S. 352, 359.)

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