Duren test (California) · Go Syfert
← California issues

Duren test in California

18 California opinions name it 2 courts 1984–2025 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (18)

CaseFollowedCited
Duren v. Missourigreen
scotus · 1979 · cited in 6 California opinions naming this issue, 1989–2003
2 sentences

1992(People v. Bell (1989) 49 Cal.3d 502, 525, fn. 10 [ 262 Cal.Rptr. 1 , 778 P.2d 129 ] (Bell); e.g., Harris, supra, 36 Cal.3d at pp. 48-49.) “In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-s

1992(People v. Bell (1989) 49 Cal.3d 502, 525, fn. 10 [ 262 Cal.Rptr. 1 , 778 P.2d 129 ] (Bell); e.g., Harris, supra, 36 Cal.3d at pp. 48-49.) “In order to establish a prima facie violation of the fair-cross-section requirement, the defendant must show (1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-s

46
People v. Sandersgreen
cal · 1990 · cited in 6 California opinions naming this issue, 1991–2009
2 sentences

2009(People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].) “As to the third element of the Duren test, a defendant does not meet the burden of demonstrating that the underrepresentation was due to systematic exclusion, by establishing only statistical evidence of a disparity.

2009(People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].) “As to the third element of the Duren test, a defendant does not meet the burden of demonstrating that the underrepresentation was due to systematic exclusion, by establishing only statistical evidence of a disparity.

36
People v. Bellgreen
cal · 1989 · cited in 5 California opinions naming this issue, 1992–2015
2 sentences

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

35
People v. Harrisgreen
cal · 1984 · cited in 4 California opinions naming this issue, 1989–1992
2 sentences

1991Proc., §§ 197, subd. (a), 204.) Under Duren v. Missouri (1979) 439 U.S. 357 [ 58 L.Ed.2d 579 , 99 S.Ct. 664 ] (Duren), in order to establish a prima facie violation of the fair cross-section requirement, “the defendant must show (1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not *298 fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection proces

1991Proc., §§ 197, subd. (a), 204.) Under Duren v. Missouri (1979) 439 U.S. 357 [ 58 L.Ed.2d 579 , 99 S.Ct. 664 ] (Duren), in order to establish a prima facie violation of the fair cross-section requirement, “the defendant must show (1) that the group alleged to be excluded is a ‘distinctive’ group in the community; (2) that the representation of this group in venires from which juries are selected is not *298 fair and reasonable in relation to the number of such persons in the community; and (3) that this underrepresentation is due to systematic exclusion of the group in the jury-selection proces

34
People v. Hortongreen
cal · 1995 · cited in 5 California opinions naming this issue, 2000–2012
2 sentences

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

25
Swain v. Alabamared
scotus · 1965 · cited in 2 California opinions naming this issue, 1989–2015
2 sentences

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

22
People v. Burgenergreen
cal · 2003 · cited in 2 California opinions naming this issue, 2006–2015
2 sentences

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

12
People v. Moralesgreen
cal · 1989 · cited in 2 California opinions naming this issue, 1990–1991
2 sentences

1991(People v. Sanders, supra, 51 Cal.3d 471, 491 ; People v. Morales (1989) 48 Cal.3d 527, 543 [ 257 Cal.Rptr. 64 , 770 P.2d 244 ].) Defendant argues that the second prong of the Duren test is also met, i.e., that the number of Hispanics on the venires is not fair and reasonable in relation to the number of Hispanics in the population.

1991(People v. Sanders, supra, 51 Cal.3d 471, 491 ; People v. Morales (1989) 48 Cal.3d 527, 543 [ 257 Cal.Rptr. 64 , 770 P.2d 244 ].) Defendant argues that the second prong of the Duren test is also met, i.e., that the number of Hispanics on the venires is not fair and reasonable in relation to the number of Hispanics in the population.

12
People v. Andersongreen
cal · 2001 · cited in 1 California opinions naming this issue, 2025–2025
2 sentences

2025(See Anderson, supra, 25 Cal.4th at p. 566 [holding that a defendant must satisfy all three Duren prongs to “ ‘ “establish a prima facie violation of the fair-cross-section requirement” ’ ”].) 7 discrimination.”5 He asserts the Legislature’s rejection of McCleskey renders untenable Anderson’s holding that a defendant must show that an improper feature of the jury selection process caused a racial disparity in the venires from which jurors are selected.

2025(See Anderson, supra, 25 Cal.4th at p. 566 [holding that a defendant must satisfy all three Duren prongs to “ ‘ “establish a prima facie violation of the fair-cross-section requirement” ’ ”].) 7 discrimination.”5 He asserts the Legislature’s rejection of McCleskey renders untenable Anderson’s holding that a defendant must show that an improper feature of the jury selection process caused a racial disparity in the venires from which jurors are selected.

11
United States v. Todd Eugene Cannady, United States of America v. Peter Jess Ojeda, United States of America v. Robert Lewis Blackgreen
ca9 · 1995 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

11
People v. Ramosgreen
cal · 1997 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

2015(See, e.g., People v. Burgener (2003) 29 Cal.4th 833, 856 [ 129 Cal.Rptr.2d 747 , 62 P.3d 1 ] (Burgener) [expressing uncertainty as to whether an absolute disparity of 10.7 percent, which produced a relative disparity of 65 percent, satisfied the second prong of the Duren test]; People v. Ramos (1997) 15 Cal.4th 1133, 1156 [ 64 Cal.Rptr.2d 892 , 938 P.2d 950 ] [concluding an absolute disparity between 2.7 and 4.3 percent and a comparative disparity between 23.5 and 37.4 percent was not constitutionally significant]; People v. Bell (1989) 49 Cal.3d 502, 528, fn. 15 [ 262 Cal.Rptr. 1 , 778 P.2d

11
People v. Burneygreen
cal · 2009 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. [Citation.]’ ” (People v. Burney (2009) 47 Cal.4th 203, 225-226 [ 97 Cal.Rptr.3d 348 , 212 P.3d 639 ].) As to the first element of the Duren test, defendant lists 127 prospective jurors he claims were excused because their employers did not pay for at least 25 days of jur

2014If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. [Citation.]’ ” (People v. Burney (2009) 47 Cal.4th 203, 225-226 [ 97 Cal.Rptr.3d 348 , 212 P.3d 639 ].) As to the first element of the Duren test, defendant lists 127 prospective jurors he claims were excused because their employers did not pay for at least 25 days of jur

11
People v. Johnsongreen
cal · 1989 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014Based on this list, he contends that the court should “recognize poor people as a distinctive group which was systematically excluded from [defendant’s] jury because the trial court could not or would not provide adequate compensation for jurors in this long trial.” *958 Even assuming individuals who are poor constitute a cognizable group (but see People v. Johnson (1989) 47 Cal.3d 1194, 1214 [ 255 Cal.Rptr. 569 , 767 P.2d 1047 ]), the fact that an employer would not compensate an employee for at least 25 days of jury service, or that an individual had a prepaid vacation or business trip or wa

2014Based on this list, he contends that the court should “recognize poor people as a distinctive group which was systematically excluded from [defendant’s] jury because the trial court could not or would not provide adequate compensation for jurors in this long trial.” *958 Even assuming individuals who are poor constitute a cognizable group (but see People v. Johnson (1989) 47 Cal.3d 1194, 1214 [ 255 Cal.Rptr. 569 , 767 P.2d 1047 ]), the fact that an employer would not compensate an employee for at least 25 days of jury service, or that an individual had a prepaid vacation or business trip or wa

11
United States v. Jose Antonio Torres-Hernandez, A.K.A. Roberto Martinez-Hernandezgreen
ca9 · 2006 · cited in 1 California opinions naming this issue, 2012–2012
1 sentence

2012For this reason, defendant failed to make a prima facie showing that the representation of African-Americans and Hispanics in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the ‘community,’ with the meaning of Duren . [Citation.]” ( Horton, supra, 11 Cal.4th at pp. 1089-1090, italics added; see also U.S. v. Torres-Hernandez, supra, 447 F.3d at p. 704 [identifying split in Ninth Circuit concerning whether a defendant may use raw population data or, on the other hand, must account for jury eligibility in establishing second prong of

11
People v. Garciagreen
cal · 2011 · cited in 1 California opinions naming this issue, 2012–2012
2 sentences

2012Similarly, the Fourteenth Amendment claim is a “nonstarter” because, as in a recent California Supreme Court case, “nothing in [the] rules or procedures authorized, encouraged, or established that the judges nominated grand jurors in a manner that discriminated against [Hispanics and Asian-Americans].” (People v. Garcia, supra, 52 Cal.4th at p. 738.) There is ample evidence in the record of nondiscriminatory motivations and methods of the superior court and its officers.

2012Similarly, the Fourteenth Amendment claim is a “nonstarter” because, as in a recent California Supreme Court case, “nothing in [the] rules or procedures authorized, encouraged, or established that the judges nominated grand jurors in a manner that discriminated against [Hispanics and Asian-Americans].” (People v. Garcia, supra, 52 Cal.4th at p. 738.) There is ample evidence in the record of nondiscriminatory motivations and methods of the superior court and its officers.

11
People v. Stansburygreen
cal · 1993 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

11
People v. Carpenterred
cal · 1997 · cited in 1 California opinions naming this issue, 2003–2003
2 sentences

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

2003If a defendant establishes a prima facie case of systematic underrepresentation, the burden shifts to the prosecution to provide either a more precise statistical showing that no constitutionally significant disparity exists or a compelling justification for the procedure that has resulted in the disparity in the jury venire. ( People v. Sanders (1990) 51 Cal.3d 471, 491 [ 273 Cal.Rptr. 537 , 797 P.2d 561 ].)" ( People v. Horton (1995) 11 Cal.4th 1068, 1087-1088 , 47 Cal.Rptr.2d 516 , 906 P.2d 478 .) We have already held that persons of low income do not constitute a cognizable class under the

11
Hovey v. Superior Courtred
cal · 1980 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989(People v. Harris, supra, 36 Cal.3d 36, 51 ; Hovey v. Superior Court (1980) 28 Cal. 3d 1, 20, fn. 45 [ 168 Cal.Rptr. 128 , 616 P.2d 1301 ].) To meet the second prong of the Duren test, defendant must show that Blacks were underrepresented in jury venires in relation to the number of such persons in the community.

1989(People v. Harris, supra, 36 Cal.3d 36, 51 ; Hovey v. Superior Court (1980) 28 Cal. 3d 1, 20, fn. 45 [ 168 Cal.Rptr. 128 , 616 P.2d 1301 ].) To meet the second prong of the Duren test, defendant must show that Blacks were underrepresented in jury venires in relation to the number of such persons in the community.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Williams v. Superior Court green
cal · 1989
2 sentences

1990Application (1b) The first prong of the Duren test is clearly satisfied; Hispanics, or those with Spanish surnames, constitute a distinctive group for purposes of a fair cross-section analysis. ( Morales, supra, 48 Cal.3d at p. 543 .) The second prong may be satisfied by showing "that the number of members of the cognizable group is not fair and reasonable in relation to the *492 number of members in the relevant community." ( Bell, supra, 49 Cal.3d at p. 526 .) Working from defendant's most refined statistics, adult Hispanic citizens made up 16.3 percent of Kern County, whereas only 8.3 perce

1990Application (1b) The first prong of the Duren test is clearly satisfied; Hispanics, or those with Spanish surnames, constitute a distinctive group for purposes of a fair cross-section analysis. ( Morales, supra, 48 Cal.3d at p. 543 .) The second prong may be satisfied by showing "that the number of members of the cognizable group is not fair and reasonable in relation to the *492 number of members in the relevant community." ( Bell, supra, 49 Cal.3d at p. 526 .) Working from defendant's most refined statistics, adult Hispanic citizens made up 16.3 percent of Kern County, whereas only 8.3 perce

21990–2000
People v. Buford green
calctapp · 1982
2 sentences

1989To "impose upon a defendant the burden of excluding all possible and permissible explanations for underrepresentation" in order to make out a prima facie case would be onerous, "unrealistic and contrary to applicable principles...." ( People v. Buford, supra, 132 Cal. App.3d at p. 298 , citing Duren v. Missouri, supra, 439 U.S. at pp. 368-369 [58 L.Ed.2d at pp. 589-590], and People v. Wheeler, supra, 22 Cal.3d at pp. 286-287.) These violations, although not necessary to make a Duren claim, when combined with defendant's showing of substantial and continued underrepresentation of Blacks in coun

1989To "impose upon a defendant the burden of excluding all possible and permissible explanations for underrepresentation" in order to make out a prima facie case would be onerous, "unrealistic and contrary to applicable principles...." ( People v. Buford, supra, 132 Cal. App.3d at p. 298 , citing Duren v. Missouri, supra, 439 U.S. at pp. 368-369 [58 L.Ed.2d at pp. 589-590], and People v. Wheeler, supra, 22 Cal.3d at pp. 286-287.) These violations, although not necessary to make a Duren claim, when combined with defendant's showing of substantial and continued underrepresentation of Blacks in coun

21984–1989
People v. De Rosans green
calctapp · 1994
2 sentences

2025The evidence required for the prima facie showing is therefore entirely available before voir dire begins.” (De Rosans, supra, 27 Cal.App.4th at p. 621 , fn. omitted.) Applying these principles to the case before it, the De Rosans court found that the trial court did not abuse its discretion in denying defense counsel’s request, made during jury selection, for a continuance to “prepare and file a [Duren] challenge to the jury panel.” (See De Rosans, supra, 27 Cal.App.4th at pp. 614, 616–617, 619–620, 622.) Because the 11 composition of the particular jury panel assigned to Studnicka’s case has

2025The evidence required for the prima facie showing is therefore entirely available before voir dire begins.” (De Rosans, supra, 27 Cal.App.4th at p. 621 , fn. omitted.) Applying these principles to the case before it, the De Rosans court found that the trial court did not abuse its discretion in denying defense counsel’s request, made during jury selection, for a continuance to “prepare and file a [Duren] challenge to the jury panel.” (See De Rosans, supra, 27 Cal.App.4th at pp. 614, 616–617, 619–620, 622.) Because the 11 composition of the particular jury panel assigned to Studnicka’s case has

12025–2025
McCleskey v. Kemp green
scotus · 1987
2 sentences

2025Racial Justice Act . . . and is ‘overly strict.’ ” Studnicka claims “the adoption of the [Racial Justice Act] has fundamentally changed the landscape in terms of jury selection” such that he should not be required to “establish that the racial disparity [in the pool of potential jurors] . . . was the result of some ‘constitutionally objectionable’ procedure . . . .” Studnicka further argues that “the burden should have shifted to the prosecution to refute [his] challenge to the jury venire” because “the California Supreme Court’s interpretation of the third prong of Duren is outdated” and he “

2025Racial Justice Act . . . and is ‘overly strict.’ ” Studnicka claims “the adoption of the [Racial Justice Act] has fundamentally changed the landscape in terms of jury selection” such that he should not be required to “establish that the racial disparity [in the pool of potential jurors] . . . was the result of some ‘constitutionally objectionable’ procedure . . . .” Studnicka further argues that “the burden should have shifted to the prosecution to refute [his] challenge to the jury venire” because “the California Supreme Court’s interpretation of the third prong of Duren is outdated” and he “

12025–2025
Stansbury v. California green
scotus · 1994
2 sentences

2003Stansbury v. California (1994) 511 U.S. 318 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 .) The parties dispute whether Duren's second prong has been met.

2003Stansbury v. California (1994) 511 U.S. 318 , 114 S.Ct. 1526 , 128 L.Ed.2d 293 .) The parties dispute whether Duren's second prong has been met.

12003–2003
People v. Howard green
cal · 1992
2 sentences

2001A defendant must show, in addition, that the disparity is the result of an improper feature of the jury selection process. ( People v. Howard, supra, 1 Cal.4th [1132,] 1160 [ 5 Cal.Rptr.2d 268 , 824 P.2d 1315 ]; People v. Bell, supra, (1989) 49 Cal.3d 502, 530 [ 262 Cal.Rptr. 1 , 778 P.2d 129 ].) When a county's jury selection criteria are neutral with respect to race, ethnicity, sex, and religion, the defendant must identify some aspect of the manner in which those criteria are applied (the probable cause of the disparity) that is constitutionally impermissible. ( People v. Sanders, supra, 51

2001A defendant must show, in addition, that the disparity is the result of an improper feature of the jury selection process. ( People v. Howard, supra, 1 Cal.4th [1132,] 1160 [ 5 Cal.Rptr.2d 268 , 824 P.2d 1315 ]; People v. Bell, supra, (1989) 49 Cal.3d 502, 530 [ 262 Cal.Rptr. 1 , 778 P.2d 129 ].) When a county's jury selection criteria are neutral with respect to race, ethnicity, sex, and religion, the defendant must identify some aspect of the manner in which those criteria are applied (the probable cause of the disparity) that is constitutionally impermissible. ( People v. Sanders, supra, 51

12001–2001
People v. Mattson green
cal · 1990
2 sentences

2000As noted, the appropriate community with which to establish such a comparison was the judicial district in which the Van Nuys courthouse is situated. ( People v. Horton, supra, 11 *440 Cal.4th at pp. 1087-1088, 47 Cal.Rptr.2d 516 , 906 P.2d 478 ; People v. Mattson (1990) 50 Cal.3d 826, 844 , 268 Cal.Rptr. 802 , 789 P.2d 983 ; Williams v. Superior Court (1989) 49 Cal.3d 736, 745 , 263 Cal. Rptr. 503 , 781 P.2d 537 .) [14] In any event, as the trial court found, there was insufficient showing that any underrepresentation was due to a systematic exclusion.

2000As noted, the appropriate community with which to establish such a comparison was the judicial district in which the Van Nuys courthouse is situated. ( People v. Horton, supra, 11 *440 Cal.4th at pp. 1087-1088, 47 Cal.Rptr.2d 516 , 906 P.2d 478 ; People v. Mattson (1990) 50 Cal.3d 826, 844 , 268 Cal.Rptr. 802 , 789 P.2d 983 ; Williams v. Superior Court (1989) 49 Cal.3d 736, 745 , 263 Cal. Rptr. 503 , 781 P.2d 537 .) [14] In any event, as the trial court found, there was insufficient showing that any underrepresentation was due to a systematic exclusion.

12000–2000
Hazelwood School District v. United States green
scotus · 1977
2 sentences

1989No general rule of law emerges from the majority opinion, but it does suggest that a defendant cannot make out a prima facie case under Duren if the jury selection system he complains of appears neutral on its face and his only evidence of systematic exclusion is that a cognizable group is significantly underrepresented. "[W]e believe that a prima facie case of systematic exclusion or underrepresentation of a distinctive class is not made merely by demonstrating that the county's race/class neutral jury selection processes may nonetheless operate to permit the de facto exclusion of a higher pe

1989No general rule of law emerges from the majority opinion, but it does suggest that a defendant cannot make out a prima facie case under Duren if the jury selection system he complains of appears neutral on its face and his only evidence of systematic exclusion is that a cognizable group is significantly underrepresented. "[W]e believe that a prima facie case of systematic exclusion or underrepresentation of a distinctive class is not made merely by demonstrating that the county's race/class neutral jury selection processes may nonetheless operate to permit the de facto exclusion of a higher pe

11989–1989
Alexander v. Louisiana green
scotus · 1972
2 sentences

1989In Alexander v. Louisiana, supra, 405 U.S. 625 , a case decided prior to Duren and differing in that it involved an equal protection challenge to allegedly discriminatory jury selection procedures, the high court indicated it had never "announced mathematical standards for the demonstration of `systematic' exclusion of blacks" from jury pools. ( Id. at p. 630 [ 31 L.Ed.2d at p. 541 ].) A 14 percent absolute disparity was seemingly found constitutionally significant in that case. ( Alexander v. Louisiana, supra, 405 U.S. at p. 630 ; compare Swain v. Alabama (1965) 380 U.S. 202, 208-209 [ 13 L.E

1989In Alexander v. Louisiana, supra, 405 U.S. 625 , a case decided prior to Duren and differing in that it involved an equal protection challenge to allegedly discriminatory jury selection procedures, the high court indicated it had never "announced mathematical standards for the demonstration of `systematic' exclusion of blacks" from jury pools. ( Id. at p. 630 [ 31 L.Ed.2d at p. 541 ].) A 14 percent absolute disparity was seemingly found constitutionally significant in that case. ( Alexander v. Louisiana, supra, 405 U.S. at p. 630 ; compare Swain v. Alabama (1965) 380 U.S. 202, 208-209 [ 13 L.E

11989–1989

Statutes the citing opinions construe

CA § Cal. Penal Code § 187 (11) CA § Cal. Evidence Code § 352 (5) CA § Cal. Penal Code § 190.2 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 18 (1984–2025) MI 15 (1982–2025) OH 14 (2000–2023) MO 12 (1980–1997) IA 8 (1997–2022) NC 8 (1980–2015) ME 8 (1983–2023) CT 8 (1991–2021) WA 6 (2023–2025) TX 6 (2013–2025) AZ 5 (1992–2025) IL 4 (1989–1996) MS 3 (2004–2022) KY 3 (2009–2022) AL 3 (2003–2026) WI 3 (2019–2025) IN 3 (1995–2004) NY 2 (1997–2015) SD 2 (1996–2025) TN 2 (2000–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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