What is the test for " sincere and reasoned effort" to evaluate a prosecutor's explanation for the prosecution's failure to provide cause?

California, United States of America


The following excerpt is from People v. Gutierrez, B237657 (Cal. App. 2013):

Keeping these principles in mind, we believe the trial court here demonstrated "a sincere and reasoned effort" to evaluate the prosecutor's explanation in light of the circumstances of the case before it, and that its decision is therefore entitled to deference. (Lenix, supra, 44 Cal.4th at p. 614; People v. Arias (1996) 13 Cal.4th 92, 136.) The prosecutor's explanations were "'"clear and reasonably specific."'" (Lenix, at p. 613.) As stated in Lenix, "'The justification need not support a challenge for cause, and even a "trivial" reason, if genuine and neutral, will suffice.' [Citation.]" (Ibid.) In this case, the prosecutor's reasons were not trivial in light of the circumstances of the case, and the totality of the record supports the trial court's ruling.

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