Opinion

People v. Ervin

  • 91 Cal. Rptr. 2d 623
  • 22 Cal. 4th 48
  • 22 Cal. 48
  • 2000 Daily Journal DAR 215
  • 990 P.2d 506
Court
California Supreme Court
Filed
Jan 6, 2000
Status
Published
Author
Mosk
On the bench
Chin, Mosk, Kennard
Cited by
202 cases
Authority
More cited than 11.3%

through stipulation of counsel, capital defendant waived his right to voir dire every prospective juror individually and in sequestration

How later courts described this case

  • through stipulation of counsel, capital defendant waived his right to voir dire every prospective juror individually and in sequestration
  • “We rarely second-guess counsel’s cross-examination tactics, despite 9 the elicitation of seemingly damaging testimony.”

Written by the judges who cited it.

The opinion

MOSK, J.

I concur in the judgment.

In addition, I generally concur in the opinion of the court. But, unlike my colleagues, I would “compare ‘[a] prosecutor’s treatment of minority and nonminority prospective jurors’ in reviewing the validity of . . . [peremptory] challenges” under People v. Wheeler (1978) 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 ]. (People v. Jackson (1996) 13 Cal.4th 1164, 1248-1249 [ 56 Cal.Rptr.2d 49 , 920 P.2d 1254 ] (conc. opn. of Mosk, J.).) Employing such an approach, I conclude that the peremptory challenges by the prosecutor here were not invalid.

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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