Does a defense attorney have to prove that a prosecutor struck prospective jurors because of their group association?
MultiRegion, United States of America
The following excerpt is from Carrera v. Ayers, 699 F.3d 1104 (9th Cir. 2012):
this constitutional guarantee. People v. Wheeler, 22 Cal.3d 258, 148 Cal.Rptr. 890, 583 P.2d 748, 755 (1978). To support a Wheeler motion, the defense attorney must show a strong likelihood that the prosecutor struck prospective jurors because of their group association. Id. at 764. Once the defense attorney presents such evidence, the court must determine whether a reasonable inference arises that peremptory challenges are being used on the ground of group bias alone. Id. (emphasis added).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a prospective juror entitled to cross-examining a prospective jury? (MultiRegion, United States of America)
What is a defense lawyer's duty to investigate the defense counsel's "most important defense"? (MultiRegion, United States of America)
Does a defendant have to prove that his defense was impaired to show that he did not have the proper defense? (MultiRegion, United States of America)
Does a claim that an attorney's personal tax problems render the attorney incompetent to practice tax law in a case where the attorney has been suspended from practice or disbarred? (MultiRegion, United States of America)
Can a self defense claim to charges of receipt or possession of a firearm be considered a defense duress, coercion, or self defense? (MultiRegion, United States of America)
What is the impact of prosecutors' attacks on defense attorneys? (MultiRegion, United States of America)
Does the prosecution have a burden of proving its case against the defense in the context of the prosecution's argument that the defense had framed the prosecution on behalf of the defence? (MultiRegion, United States of America)
Is entrapment the defense defense defense theory? (MultiRegion, United States of America)
Can an insurer who undertakes to defend its insured against a defense attorney who is also an attorney representing Manzanita? (MultiRegion, United States of America)
When will a prospective juror's hearing impairment preclude him from serving as a juror? ("New York", United States of America)
