United States Ninth Circuit

When a criminal defendant has established a prima facie case of gender discrimination in the prosecutor's use of a peremptory challenge during jury selection, and the prosecutor is unable to recall the basis for her challenge, a trial court may not substitute findings of the prosecutor-s sincerity, together with circumstantial evidence indicating a lack of gender-based motive, for the prosecutor's failure to offer a gender-neutral explanation for the challenge.

Appellate Information

• Decided 03/28/2006
• Published 03/28/2006

Judges

• Before ALEX KOZINSKI, STEPHEN S. TROTT, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Barry J.T. Carlton, Deputy Attorney General, San Diego, CA, for the respondent-appellant., Randall Allan Yee, Pro Se, San Luis Obispo, CA, for the petitioner-appellee.