Opinion

People v. Johnson

  • 1 Cal. Rptr. 3d 1
  • 30 Cal. 4th 1302
  • 71 P.3d 270
Court
California Supreme Court
Filed
May 3, 2004
Status
Published
Author
Werdegar
On the bench
Chin, Werdegar, Kennard
Cited by
72 cases
Authority
More cited than 11.0%

Reversed by Johnson v. California, 545 U.S. 162 (2005)

noting that the court maintains its “longstanding practice” of refusing to engage in comparative juror analysis for the first time on appeal

How later courts described this case

  • noting that the court maintains its “longstanding practice” of refusing to engage in comparative juror analysis for the first time on appeal
  • “[W]e do not believe that comparative juror analysis for the first time on appeal is constitutionally compelled.”
  • “We reiterate what we ... stated in Box: ... ‘strong likelihood’ and ‘reasonable inference’ state the same standard.”

Written by the judges who cited it.

The opinion

WERDEGAR, J., Concurring and Dissenting.

I concur in parts I., II.A. and II.C. of the majority opinion. With respect to the proper standard of proof for establishing a prima facie showing under People v. Wheeler (1978) *1329 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ] and Batson v. Kentucky (1986) 476 U.S. 79 [ 106 S.Ct. 1712 , 90 L.Ed.2d 69 ], I dissent and join part II. of Justice Kennard’s dissenting opinion.

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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