Supreme Court of California

In a criminal case clarifying the constitutionally required duties of California lawyers, trial judges, and appellate judges when a party has raised a claim of discriminatory bias in jury selection, defendants' convictions of premeditated murder, Pen. Code sections 664 and 187(a), assault with a firearm, section 245(a)(2), and active participation in a criminal street gang, section 186.22(a), are reversed where: 1) the record does not sufficiently support the trial court's denial of defendants' Batson/Wheeler motion with respect to one prospective juror; 2) the error is structural, damaging the integrity of the tribunal itself; and 3) the Court of Appeal erred in refusing to conduct comparative juror analysis.

Appellate Information

• Published 2017/06/01

Judges

• CUELAR

Court

• Supreme Court of California

Counsel