Constitutional Law,
California Supreme Court
Jun. 9, 2017
Batson is back
For only the second time in over 25 years, the California Supreme Court has found that a peremptory challenge violated the constitutional prohibition against racial discrimination in jury selection.
Mai Linh Spencer
Associate Clinical Professor of Law
UC Hastings College of the Law
Labor & Employment
200 McAllister Street
San Francisco , CA 94102-4707
Phone: (415) 565-4743
Fax: (415) 565-4743
Email: spencerm@uchastings.edu
New York Univ Law School
Three years ago, dissenting from his colleagues' rejection of a Batson/Wheeler claim, Associate Justice Goodwin Liu wondered aloud whether the California Supreme Court would ever find such a violation short of a prosecutor admitting that she had struck a juror based on race. People v. Chism, 58 Cal. 4th 1266 (2014). Last week, that question was answered in the affirmative, breathing new life into Batson/Wheeler and signaling that counsel and courts have some hard...
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