What is the test for removing two African-American jurors from a jury?

California, United States of America


The following excerpt is from The People v. Barrera-rodriguez, C060398, No. 07F00103 (Cal. App. 2010):

In sum, "although the prosecutor eventually challenged and had removed from the panel a total of two African-Americans, two more remained. We conclude the removal of two African-American jurors in these circumstances failed to raise a reasonable inference of racial discrimination. (See People v. Snow (1987) 44 Cal.3d 216, 225 [that the prosecutor accepted a jury containing minorities 'may be an indication of the prosecutor's good faith in exercising his peremptories, and may be an appropriate factor for the trial judge to consider in ruling on a Wheeler objection, [although] it is not a conclusive factor'].)" (People v. Gray (2005) 37 Cal.4th 168, 188.) There was no Wheeler-Batson error.

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