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Apr. 15, 2026

Court finds trial judge erred in allowing peremptory challenge

The 4th District Court of Appeal reversed a conviction after finding the trial court failed to assess whether a juror strike was presumptively invalid under Code of Civil Procedure section 231.7.

Court finds trial judge erred in allowing peremptory challenge
Acting Presiding Justice Eileen M. Moore

A California appellate court overturned a 26-year sentence in a rape and sodomy case, finding the trial court failed to properly assess a prosecutor's juror strike under state law governing peremptory challenges.

The 4th District Court of Appeal's Division 3 ruled Monday that the trial court erred by allowing the prosecution to excuse a prospective juror identified as a nurse without first determining whether that reason was presumptively invalid under Code of Civil Proced...

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