(DOWNLOAD) "People V. Lenix" by In the Supreme Court of California " eBook PDF Kindle ePub Free
eBook details
- Title: People V. Lenix
- Author : In the Supreme Court of California
- Release Date : January 24, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 83 KB
Description
Here we determine whether an appellate court must perform a comparative juror analysis for luate whether the advocate's stated reasons for peremptorily challenging prospective jurors are truthful or pretextual. (See People v. Wheeler (1978) 22 Cal.3d 258 (Wheeler); Batson v. Kentucky (1986) 476 U.S. 79 (Batson.) The United States Supreme Court conducted such a comparative analysis for the first time on appeal in Miller-El v. Dretke (2005) 545 U.S. 231 (Miller-El II)*fn1 and again recently in Snyder v. Louisiana (2008) __ U.S. __, 128 S.Ct. 1203 (Snyder). When read in their entirety, those cases stand for the unremarkable principle that reviewing courts must consider all evidence bearing on the trial court's factual finding regarding discriminatory intent. Comparative juror analysis is evidence that, while subject to inherent limitations, must be considered when reviewing claims of error at Wheeler/Batson's third stage when the defendant relies on such evidence and the record is adequate to permit the comparisons. In those circumstances, comparative juror analysis must be performed on appeal even when such an analysis was not conducted below.