Error and/or relief
The trial court erred in discharging one of only two Black prospective jurors, over defense counsel’s objection, where the prosecutor cited the juror’s multiple family members with criminal records as a basis for the use of peremptory challenge, in violation of Code of Civil Procedure section 231.7. We reverse and remand the matter for a new trial.
First Holding:
Our standard of review for section 231.7 claims is defined by statute as follows: The denial of an objection made under this section shall be reviewed by the appellate court de novo, with the trial court’s express factual findings reviewed for substantial evidence. The appellate court shall not impute to the trial court any findings, including findings of a prospective juror’s demeanor, that the trial court did not expressly state on the record. The reviewing court shall consider only reasons actually given under [231.7(c)] and shall not speculate as to or consider reasons that were not given to explain either the party’s use of the peremptory challenge or the party’s failure to challenge similarly situated jurors who are not members of the same cognizable group as the challenged juror, regardless of whether the moving party made a comparative analysis argument in the trial court. Should the appellate court determine that the objection was erroneously denied, that error shall be deemed prejudicial, the judgment shall be reversed, and the case remanded for a new trial.”
Authority:
CCP 231.7(j)
Second Holding:
The exercise of even a single peremptory challenge solely on the basis of race or ethnicity offends the guarantee of equal protection of the laws under the Fourteenth Amendment to the federal Constitution, as well as a defendant’s right to trial by a jury drawn from a representative cross-section of the community under article I, section 16 of the state Constitution.
Authority:
People v. Gutierrez (2017) 2 Cal.5th 1150, 1157
Third Holding:
Section 231.7(a) prohibits the use of a peremptory challenge to remove a prospective juror on the basis of their race, ethnicity, gender, gender identity, sexual orientation, national origin, or religious affiliation, or the perceived membership of the prospective juror in any of those groups. It sets up a strict procedure for determining whether a peremptory challenge of a jury should be allowed. It lists several nonexclusive factors the court may consider when evaluating the totality, including whether the objecting party is a member of the same perceived cognizable group as the challenged juror. But it also goes on to list circumstances where a peremptory challenge is presumed invalid absent some further showing by the proponent by clear and convincing evidence that an objectively reasonable person would view the rationale as unrelated to a prospective juror’s defined protected status.
Authority:
CCP 231.7
Fourth Holding:
To allow a party to bury presumptively invalid reasons under an overarching facially neutral reason without the required findings under section 231.7(f), would render section 231.7(e) ineffective.
Authority:
People v. Uriostegui (2024) 101 Cal.App.5th 271, 280