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People v. Hutchins, B187104

The trial court applied the wrong standard in making a ruling regarding whether a peremptory challenge was based on purposeful race discrimination in violation of Wheeler/Batson, requiring conditional reversal. If the trial court finds that it cannot adequately address the challenge or make a reliable determination, or if it determines that the prosecutor exercised her peremptory challenge improperly, the reversal stands. However, if the trial court determines defendant has not met his burden of proving purposeful race discrimination, the judgment shall be reinstated with modifications.

Appellate Information

  • Decided 02/20/2007
  • Published 02/20/2007




  • California Court of Appeal


  • For Appellees:
  • Marcia C. Levine, under appointment by the Court of Appeal, Truckee, for Defendant and Appellant., Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Michael C. Keller and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.
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