Opinion

People v. Trevino

  • 39 Cal. 3d 667
  • 217 Cal. Rptr. 652
  • 704 P.2d 719
  • 1985 Cal. LEXIS 329
Court
California Supreme Court
Filed
Aug 29, 1985
Status
Published
Author
Lucas
On the bench
Reynoso, Kaus, Lucas
Cited by
117 cases
Authority
More cited than 5.4%

Disapproved on other grounds by People v. Johnson, 47 Cal. 3d 1194 (1989)

explaining that “disparate treatment of the members of the excluded group and the unchallenged jurors is indicative of group bias” (citing Hall, 35 Cal.3d at 168, 197 Cal.Rptr. 71, 672 P.2d 854)

How later courts described this case

  • explaining that “disparate treatment of the members of the excluded group and the unchallenged jurors is indicative of group bias” (citing Hall, 35 Cal.3d at 168, 197 Cal.Rptr. 71, 672 P.2d 854)
  • "Governmental categorization ... signifies more than simple utility in statistical compilation [but] a broader understanding that individuals bearing [Spanish] [sur]names represent a discrete segment of the population based on ethnic commonality."
  • "To suggest, ... that either body language ... or a conclusory notion that a juror might not form his own opinion ... rises to the level of specific bias... is to reduce the constitutional guarantee to meaningless superficialities."
  • "Spanish-surnamed" is sufficiently descriptive of cognizable group to satisfy the Wheeler test for identifying prosecutorial abuse of peremptory challenge

Written by the judges who cited it.

Later courts went against this

  • Disapproved on other grounds by People v. Johnson, 47 Cal. 3d 1194 (1989)

    39 Cal.3d 667, 686 , disapproved on other grounds by People v. Johnson (1989) 47 Cal.3d 1194
    California Supreme CourtFeb 23, 198918 citing opinionsother groundsRead it
  • Disapproved on other grounds by People v. Montiel, 5 Cal. 4th 877 (1993)

    39 Cal.3d 667 (Trevino), disapproved on other grounds in People v. Montiel (1993) 5 Cal.4th 877
    California Supreme CourtAug 12, 1993other groundsmedium confidenceRead it

The opinion

LUCAS, J.

I concur in the judgment dismissing the charges against defendant Rivas, based on the insubstantiality of the evidence against him.

I dissent, however, to the reversal of the judgment as to defendant Trevino. For the reasons aptly stated by Justice Kaus in his concurring and dissenting opinion, the trial court properly ruled that any inference of group bias was rebutted by the prosecutor. In addition, and unlike Justice Kaus, I believe that People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ], was incorrectly decided and should be reexamined. (See id., at p. 288 et seq. [dis. opn. by Richardson, J.].)

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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