party exercising challenge (California) · Go Syfert
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party exercising challenge in California

7 California opinions name it 2 courts 2002–2026 5 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 (2)

CaseFollowedCited
People v. Millsgreen
cal · 2010 · cited in 1 California opinions naming this issue, 2025–2025
1 sentence

2025(People v. Mills (2010) 48 Cal.4th 158, 170 [“A party must make a timely and specific objection to the manner in which a trial court conducts jury selection or the matter is forfeited for appeal.”]; Jaime, supra, 91 Cal.App.5th at p. 946.) The prosecutor’s initial rationale for excusing J5432 was his reaction to the hypothetical concerning the girl and the paint. 9 Defendant argues on appeal the prosecution “did not attempt to meet” the clear and convincing standard of proof.

11
People v. Cashgreen
cal · 2002 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

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 (10)

CaseCitedYears
Batson v. Kentucky green
scotus · 1986
2 sentences

2026(People v. Santos Martinez, supra, B331242.) 8 Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). 13 juror’s [actual or perceived] race,” as well as six other protected groups. (§ 231.7, subds. (a), (i).) Once an objection to a peremptory challenge is made, the party exercising the challenge must “state the reasons the peremptory challenge has been exercised.” (Id., subd. (c).) The court shall then “evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. … If the court determines there is a

2026(People v. Santos Martinez, supra, B331242.) 8 Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). 13 juror’s [actual or perceived] race,” as well as six other protected groups. (§ 231.7, subds. (a), (i).) Once an objection to a peremptory challenge is made, the party exercising the challenge must “state the reasons the peremptory challenge has been exercised.” (Id., subd. (c).) The court shall then “evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. … If the court determines there is a

32025–2026
People v. Wheeler green
cal · 1978
2 sentences

2026(People v. Santos Martinez, supra, B331242.) 8 Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). 13 juror’s [actual or perceived] race,” as well as six other protected groups. (§ 231.7, subds. (a), (i).) Once an objection to a peremptory challenge is made, the party exercising the challenge must “state the reasons the peremptory challenge has been exercised.” (Id., subd. (c).) The court shall then “evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. … If the court determines there is a

2026(People v. Santos Martinez, supra, B331242.) 8 Batson v. Kentucky (1986) 476 U.S. 79 (Batson) and People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler). 13 juror’s [actual or perceived] race,” as well as six other protected groups. (§ 231.7, subds. (a), (i).) Once an objection to a peremptory challenge is made, the party exercising the challenge must “state the reasons the peremptory challenge has been exercised.” (Id., subd. (c).) The court shall then “evaluate the reasons given to justify the peremptory challenge in light of the totality of the circumstances. … If the court determines there is a

32025–2026
People v. Booker green
cal · 2011
1 sentence

2023(See People v. Booker (2011) 51 Cal.4th 141, 166 .) A colloquy such as that which occurred 30 here injects additional uncertainty into the genuineness of the party’s reasons for exercising a challenge.

12023–2023
People v. Silva green
cal · 2001
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
Hernandez v. New York green
scotus · 1991
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
Purkett v. Elem green
scotus · 1995
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
People v. Arias green
cal · 1996
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
Johnson v. California green
scotus · 2005
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
People v. McDermott green
cal · 2002
2 sentences

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

2006Third, the trial court must decide whether the complaining party has proved purposeful discrimination. ( Johnson v. California (2005) 545 U.S. ___ , 125 S.Ct. 2410, 2416 , 162 L.Ed.2d 129 ; Purkett v. Elem (1995) 514 U.S. 765, 767 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 ; People v. Silva (2001) 25 Cal.4th 345, 384 , 106 Cal.Rptr.2d 93 , 21 P.3d 769 .) By asking the prosecutor to explain the peremptory challenges, the trial court here implicitly found that defendant had made a prima facie showing of impermissible discrimination in the exercise of peremptory challenges. ( People v. Cash (2002) 28 Cal

12006–2006
Solberg v. Superior Court green
cal · 1977
1 sentence

2002“Code of Civil Procedure section 170.6 provides in substance that any party or attorney to a civil or criminal action may make an oral or written motion to disqualify the *806 assigned judge, supported by an affidavit that the judge is prejudiced against such party or attorney or the interest thereof so that the affiant cannot or believes he cannot have an impartial trial. . . . [Tjhere are strict limits on the timing and number of such motions; but if the motion is timely and in proper form, the judge must recuse himself without further proof and the case must be reassigned to another judge.”

12002–2002

Where else courts name it

MS 37 (1990–2021) MA 13 (2003–2025) KS 11 (1982–2026) CT 7 (1939–2022) CA 7 (2002–2026) NC 5 (1997–2023) MI 4 (1998–2012) NJ 4 (1995–2025) WA 3 (2020–2024) GA 3 (1997–2021) NH 2 (1997–2012) FL 2 (1996–2003) LA 2 (1994–1998) IN 2 (1995–2001) TX 2 (1995–2015) OH 2 (2014–2022)

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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