exercise of the peremptory challenge (California) · Go Syfert
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exercise of the peremptory challenge in California

7 California opinions name it 2 courts 1951–2014 0 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 (7)

CaseFollowedCited
People v. Edwardsgreen
cal · 1894 · cited in 2 California opinions naming this issue, 1951–1955
2 sentences

1955(People v. Edwards, 101 Cal. 543, 544 [ 36 P. 7 ].) As said by the Supreme Court of the United States in Hayes v. Missouri, 120 U.S. 68 [ 7 S.Ct. 350 , 30 L.Ed. 578, 580 ], experience has shown that one of the most effective means to free the jury box from persons unfit to be there is the exercise of the peremptory challenge.

1955(People v. Edwards, 101 Cal. 543, 544 [ 36 P. 7 ].) As said by the Supreme Court of the United States in Hayes v. Missouri, 120 U.S. 68 [ 7 S.Ct. 350 , 30 L.Ed. 578, 580 ], experience has shown that one of the most effective means to free the jury box from persons unfit to be there is the exercise of the peremptory challenge.

22
People v. Johnsonred
cal · 1989 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014Myriad subtle nuances may shape it, including attitude, attention, interest, body language, facial expression and eye contact. ‘Even an inflection in the voice can make a difference in the meaning.’ ” (Ibid.) Moreover, we have recognized “that it is a combination of factors rather than any single one which often leads to the exercise of a peremptory challenge”; that “the particular combination or mix of jurors which a lawyer seeks may, and often does, change as certain jurors are removed or seated in the jury box”; and that “the same factors used in evaluating a juror may be given different we

2014Myriad subtle nuances may shape it, including attitude, attention, interest, body language, facial expression and eye contact. ‘Even an inflection in the voice can make a difference in the meaning.’ ” (Ibid.) Moreover, we have recognized “that it is a combination of factors rather than any single one which often leads to the exercise of a peremptory challenge”; that “the particular combination or mix of jurors which a lawyer seeks may, and often does, change as certain jurors are removed or seated in the jury box”; and that “the same factors used in evaluating a juror may be given different we

11
People v. Andersonred
cal · 1987 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Moreover, in People v. Turner (1984) 37 Cal.3d 302, 315 [ 208 Cal.Rptr. 196 , 690 P.2d 669 ], overruled on another ground in People v. Anderson (1987) 43 Cal.3d 1104, 1115 [ 240 Cal.Rptr. 585 , 742 P.2d 1306 ], we held, inter alia, that there was no “constitutional infirmity in permitting peremptory challenges by both sides on the basis of specific juror attitudes on the death penalty.” We have consistently adhered to this view.

2006Moreover, in People v. Turner (1984) 37 Cal.3d 302, 315 [ 208 Cal.Rptr. 196 , 690 P.2d 669 ], overruled on another ground in People v. Anderson (1987) 43 Cal.3d 1104, 1115 [ 240 Cal.Rptr. 585 , 742 P.2d 1306 ], we held, inter alia, that there was no “constitutional infirmity in permitting peremptory challenges by both sides on the basis of specific juror attitudes on the death penalty.” We have consistently adhered to this view.

11
People v. Turnerred
cal · 1984 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Moreover, in People v. Turner (1984) 37 Cal.3d 302, 315 [ 208 Cal.Rptr. 196 , 690 P.2d 669 ], overruled on another ground in People v. Anderson (1987) 43 Cal.3d 1104, 1115 [ 240 Cal.Rptr. 585 , 742 P.2d 1306 ], we held, inter alia, that there was no “constitutional infirmity in permitting peremptory challenges by both sides on the basis of specific juror attitudes on the death penalty.” We have consistently adhered to this view.

2006Moreover, in People v. Turner (1984) 37 Cal.3d 302, 315 [ 208 Cal.Rptr. 196 , 690 P.2d 669 ], overruled on another ground in People v. Anderson (1987) 43 Cal.3d 1104, 1115 [ 240 Cal.Rptr. 585 , 742 P.2d 1306 ], we held, inter alia, that there was no “constitutional infirmity in permitting peremptory challenges by both sides on the basis of specific juror attitudes on the death penalty.” We have consistently adhered to this view.

11
David Junior Brown v. Gary Dixon, Warden, Central Prison, David Junior Brown v. Gary Dixon, Warden, Central Prisongreen
ca4 · 1989 · cited in 1 California opinions naming this issue, 2006–2006
1 sentence

2006(See Brown v. Dixon (4th Cir. 1989) 891 F.2d 490, 498, fn. 15 [declining to hold that Witherspoon was “a command liberally to examine the exercise of the peremptory challenge”].) We decline to extend Witherspoon in this manner.

11
People v. Ledesmagreen
cal · 1987 · cited in 1 California opinions naming this issue, 1989–1989
2 sentences

1989(People v. Wheeler, supra, 22 Cal.3d at pp. 282-283; People v. Ledesma (1987) 43 Cal.3d 171, 228, 241 [ 233 Cal.Rptr. 404 , 729 P.2d 839 ].) The court did not question the prosecutor’s excuses for challenging Manuel S. This was error, particularly since the primary excuse given was patently invalid.

1989(People v. Wheeler, supra, 22 Cal.3d at pp. 282-283; People v. Ledesma (1987) 43 Cal.3d 171, 228, 241 [ 233 Cal.Rptr. 404 , 729 P.2d 839 ].) The court did not question the prosecutor’s excuses for challenging Manuel S. This was error, particularly since the primary excuse given was patently invalid.

11
People v. Charrongreen
calctapp · 1987 · cited in 1 California opinions naming this issue, 1987–1987
2 sentences

1987(People v. Trevino, supra, 39 Cal.3d at pp. 690, 692, 703; People v. Charron (1987) 193 Cal.App.3d 981, 992 [ 238 Cal.Rptr. 660 ].) Because the prosecution failed to meet its burden of justifying the exercise of the peremptory challenge to Casarez, we need not review the perhaps questionable justifications offered for peremptorily challenging the other Hispanic jurors.

1987(People v. Trevino, supra, 39 Cal.3d at pp. 690, 692, 703; People v. Charron (1987) 193 Cal.App.3d 981, 992 [ 238 Cal.Rptr. 660 ].) Because the prosecution failed to meet its burden of justifying the exercise of the peremptory challenge to Casarez, we need not review the perhaps questionable justifications offered for peremptorily challenging the other Hispanic jurors.

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 (6)

CaseCitedYears
Hayes v. Missouri green
scotus · 1887
2 sentences

1955(People v. Edwards, 101 Cal. 543, 544 [ 36 P. 7 ].) As said by the Supreme Court of the United States in Hayes v. Missouri, 120 U.S. 68 [ 7 S.Ct. 350 , 30 L.Ed. 578, 580 ], experience has shown that one of the most effective means to free the jury box from persons unfit to be there is the exercise of the peremptory challenge.

1955(People v. Edwards, 101 Cal. 543, 544 [ 36 P. 7 ].) As said by the Supreme Court of the United States in Hayes v. Missouri, 120 U.S. 68 [ 7 S.Ct. 350 , 30 L.Ed. 578, 580 ], experience has shown that one of the most effective means to free the jury box from persons unfit to be there is the exercise of the peremptory challenge.

21951–1955
Batson v. Kentucky green
scotus · 1986
1 sentence

2014Myriad subtle nuances may shape it, including attitude, attention, interest, body language, facial expression and eye contact. ‘Even an inflection in the voice can make a difference in the meaning.’ ” (Ibid.) Moreover, we have recognized “that it is a combination of factors rather than any single one which often leads to the exercise of a peremptory challenge”; that “the particular combination or mix of jurors which a lawyer seeks may, and often does, change as certain jurors are removed or seated in the jury box”; and that “the same factors used in evaluating a juror may be given different we

12014–2014
People v. Barber green
calctapp · 1988
1 sentence

1989(People v. Wheeler, supra, 22 Cal.3d at pp. 273-275; People v. Barber, supra, 200 Cal.App.3d at p. 392 .) While the justification need not rise to a level of challenge for cause, counsel must articulate bona fide reasons for the exercise of the peremptory challenge that would be equally applicable to any member of the venire, irrespective of whether or not that person was a member of an identifiable class, as opposed to mere “sham excuses belatedly contrived to avoid admitting acts of group discrimination.” (People v. Wheeler, supra, 22 Cal.3d at p. 282 .) The prosecutor’s primary reason for e

11989–1989
People v. Johnson green
cal · 1978
2 sentences

1989The exercise of the peremptory challenge clearly resulted in “decision-making by racial stereotype.” (People v. Johnson, supra, 22 Cal.3d 296, 299 .) The striking of a single prospective juror for group bias is reversible error per se.

1989She also added that Manuel S. had his arms folded across his chest, “and it looked like he’d already made up his mind either way . . . .” In People v. Johnson (1978) 22 Cal.3d 296 [ 148 Cal.Rptr. 915 , 583 P.2d 774 ], the chief prosecution witness was expected to testify to his prior statements, including the word “ ‘nigger.’ ” The defendant was Black and the prosecutor was concerned whether a Black juror could objectively weigh the testimony of the witness. {Id. at p. 299.) The prosecutor indicated his intent to exclude every potential Black juror regardless of what voir dire would reveal con

11989–1989
People v. Wheeler red
cal · 1978
1 sentence

1989(People v. Wheeler, supra, 22 Cal.3d at pp. 273-275; People v. Barber, supra, 200 Cal.App.3d at p. 392 .) While the justification need not rise to a level of challenge for cause, counsel must articulate bona fide reasons for the exercise of the peremptory challenge that would be equally applicable to any member of the venire, irrespective of whether or not that person was a member of an identifiable class, as opposed to mere “sham excuses belatedly contrived to avoid admitting acts of group discrimination.” (People v. Wheeler, supra, 22 Cal.3d at p. 282 .) The prosecutor’s primary reason for e

11989–1989
Kaufman v. Court of Appeal green
cal · 1982
1 sentence

1984(See, e.g., Kaufman v. Court of Appeal, supra, 31 Cal.3d 933 .) The exercise of the peremptory challenge is strictly curtailed by the terms of the statute and by judicial interpretation.

11984–1984

Where else courts name it

MS 24 (1993–2025) OH 9 (1988–2023) FL 9 (1987–2014) NY 9 (1994–2026) CT 7 (1999–2022) CA 7 (1951–2014) MD 5 (1976–1992) TN 4 (2010–2022) TX 4 (1993–2006) WA 4 (1995–2000) OK 4 (1994–2000) GA 4 (1994–2010) KY 3 (2002–2007) LA 3 (1976–2005) HI 2 (2005–2019) UT 2 (1991–2002) AL 2 (2015–2016)

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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