What is the test for making out a case of discrimination?
MultiRegion, United States of America
The following excerpt is from U.S. v. Chinchilla, 874 F.2d 695 (9th Cir. 1989):
I agree that a prima facie case of discrimination was made out. I agree that Batson v. Kentucky, 476 U.S. 79, 98 n. 21, 106 S.Ct. 1712, 1724 n. 21, 90 L.Ed.2d 69 (1986) requires us to give "great deference" to the trial court judge's determination whether the defendant has established purposeful discrimination in the jury selection context.
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