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Criminal

Apr. 18, 2024

Preemptory challenge over ‘lack of life experience’ of Hispanic juror reversed

The Second District Court of Appeals recently applied 231.7 in People v. Uriostegui, reversing the conviction and ordering a new trial for a prosecutor who exercised a peremptory challenge against a juror with a Spanish surname. The court found that the prosecutor had effectively smuggled in presumptively invalid reasons under the umbrella of "lack of life experience."

Dmitry Gorin

Partner, Eisner Gorin LLP

Alan Eisner

Partner, Eisner Gorin LLP

Robert Hill

Associate, Eisner Gorin LLP

Shutterstock

Jury selection is critical to a successful outcome in criminal cases. For the defense, one juror is sufficient to have a hung jury and obtain a mistrial. The prosecution must convince the entire jury panel unanimously to obtain a guilty verdict. Many appeals cases have addressed improper challenges based on race following a conviction, and recent legislation has set a higher bar for dismissing jurors.

Pursuant to United States Supreme Cou...

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