U.S. Supreme Court,
Judges and Judiciary,
Constitutional Law,
California Supreme Court
Feb. 21, 2015
A first bite at the apple
What is the job of the appellate courts - to get it right or to make sure the trial court didn't get it wrong?
2nd Appellate District, Division 5
Brian M. Hoffstadt
Presiding Justice
California Court of Appeal
UCLA School of Law, 1995
Last year, the justices of the California Supreme Court in People v. Chism, 58 Cal. 4th 1266 (2014), divided over an issue that goes to the heart of what role the appellate courts are to play.
The issue in Chism was whether a criminal defendant could challenge, for the first time on appeal, the credibility of the prosecutor's proffered race-neutral reasons for exercising peremptory challenges against black jurors using "comparative juror analysis" - that is, by looki...
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