Thoughts on recent Ninth Circuit and California appellate cases from Professor Shaun Martin at the University of San Diego School of Law.
Wednesday, July 30, 2008
People v. Gonzales (Cal. Ct. App. - July 30, 2008)
When you're going to use your first four peremptory challenges to strike Hispanic jurors, at a minimum, you've got to be more subtle about it. Sure, maybe you can get away with striking the guy with the baggy pants. But, trust me, that guy to whom you didn't ask any questions, or develop any record about other than the fact that he (like at least one other juror you didn't strike) also speaks Spanish; well, that ain't gonna cut it as a race-neutral explanation. Not by a longshot.