California, United States of America
The following excerpt is from People v. Lee, B233403 (Cal. App. 2012):
for murder; (2) Prospective Juror No. 5159 "said he needed 110 to 120 percent," referring to the quantum of evidence he would require the People to prove in order to convict; and (3) Prospective Juror No. 2922 expressed the hope that appellant was innocent. These statements provided a legitimate, race-neutral basis to excuse each of the three prospective jurors. (See People v. Hartsch (2010) 49 Cal.4th 472, 489 (Hartsch).) Appellant specifically addresses in his opening brief only the final juror, arguing that taken in context his statement was not troubling. However, viewed in context, the statement was in fact a clear expression of sympathy on which the prosecution could well rely in exercising a peremptory challenge. Even if reasonable minds could disagree, the trial court acted within its discretion in concluding that the challenges were not racially motivated.
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