When will the court make a finding of prima facie against a prospective juror?

California, United States of America


The following excerpt is from People v. Gutierrez, 124 Cal.Rptr.2d 373, 28 Cal.4th 1083, 52 P.3d 572 (Cal. 2002):

When defendant first raised a Wheeler objection, the court expressly found no prima facie case but nonetheless allowed the prosecutor to state his reasons for the peremptory challenges on the record. Allowing the prosecutor to do so did not in itself constitute an implied finding of a prima facie case. (People v. Davenport (1995) 11 Cal.4th 1171, 1200, 47 Cal. Rptr.2d 800, 906 P.2d 1068.) In contrast, when defendant renewed the motion, the court made no express finding that a prima facie case had not been demonstrated but instead immediately asked the prosecutor to justify the questioned challenges. This does suggest an implied finding of a prima facie case. (People v. Hayes (1990) 52 Cal.3d 577, 605, 276 Cal. Rptr. 874, 802 P.2d 376.) The court proceeded to consider the challenges to each prospective juror individually.

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