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Criminal,
Constitutional Law,
California Supreme Court

Jun. 13, 2018

Prosecutorial laundry lists create Batson/Wheeler problems

A recent ruling by the California Supreme Court shows that defendants arguing error still have a steep uphill appellate climb.

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

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A year ago, I claimed that People v. Gutierrez, 2017 DJDAR 5100, in which the California Supreme Court found, for only the second time in a quarter-century, that a prosecutor had discriminated during jury selection, "breath[ed] new life" into California's Batson/Wheeler doctrine. But the court's May 31 decision in People v. Hardy, 2018 DJDAR 5141, signals th...

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