Opinion

People v. Motton

  • 39 Cal. 3d 596
  • 217 Cal. Rptr. 416
  • 704 P.2d 176
  • 1985 Cal. LEXIS 323
Court
California Supreme Court
Filed
Aug 19, 1985
Status
Published
Author
Lucas
On the bench
Broussard, Lucas
Cited by
48 cases
Authority
More cited than 5.4%

addressing improper racial discrimination through the use of peremptory strikes under People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 (1978), and stating that “it is unnecessary to establish the true racial identity of the challenged jurors; discrimination is more often based on appearances than verified racial descent, and a showing that the prosecution was systematically excusing persons who appear to be Black would establish a prima facie case under Wheeler”

How later courts described this case

  • addressing improper racial discrimination through the use of peremptory strikes under People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748 (1978), and stating that “it is unnecessary to establish the true racial identity of the challenged jurors; discrimination is more often based on appearances than verified racial descent, and a showing that the prosecution was systematically excusing persons who appear to be Black would establish a prima facie case under Wheeler”
  • addressing improper racial discrimination through the use of peremptory strikes under People v. Wheeler, 583 P.2d 748 (Cal. 83 1978), and stating that “it is unnecessary to establish the true racial identity of the challenged jurors; discrimination is more often based on appearances than verified racial descent, and a showing that the prosecution was systematically excusing persons who appear to be Black would establish a prima facie case under Wheeler”
  • court labeled affidavit filed by defense as “filed without permission,” sought no opposition, and affirmatively indicated that it took “no action” on the affidavit
  • holding afri-can-american women to be a "cognizable group”

Written by the judges who cited it.

The opinion

LUCAS, J.

I concur in the judgment, but only under the compulsion of People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. For the reasons expressed by Justice Richardson in his dissent in that case ( 22 Cal.3d at p. 288 ), Wheeler was incorrectly decided and should be reexamined.

Respondent’s petition for a rehearing was denied October 3, 1985, and the opinion was modified to read as printed above. Lucas, J., was of the opinion that the petition should be granted.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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