noting as one of four factors of defendant’s prima facie case CARRERA V . AYERS 13 “that the district attorney had excluded many black persons after engaging in no more than desultory voir dire” (internal quotation marks and citation omitted)
How later courts described this case
- noting as one of four factors of defendant’s prima facie case CARRERA V . AYERS 13 “that the district attorney had excluded many black persons after engaging in no more than desultory voir dire” (internal quotation marks and citation omitted)
- noting as one of four factors of defendant’s prima facie case “that the district attorney had excluded many black persons after engaging in no more than desultory voir dire” (internal quotation marks and citation omitted)
- trial court errs in failing to require prosecution to demonstrate non-racial basis for exclusion
Written by the judges who cited it.
The opinion
RICHARDSON, J
I concur in the judgment solely under the compulsion of the rule announced by the present majority in People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], As indicated in my dissent in that case (id, p. 288), Wheeler , in my view, was wrongly decided. Peremptory challenges may be exercised by counsel on either side without justification, excuse, or explanation to anyone.
Clark, J., concurred.
Respondent’s petition for a rehearing was denied March 29, 1979.