How have the courts treated peremptory challenges against Black jurors?

"If this Court requires corroboration of appellant's claim that his jury was impartial, the record provides such support. When appellant made his final motion based upon People v. Wheeler, supra, the motion came during voir dire of the alternates. At that point, the prosecutor noted, without objection or contradiction, that there were three Black people on the jury. [Citation to the record.] To maintain that the prosecutor improperly used peremptory challenges to disqualify Black jurors is patently frivolous given the presence of three Black jurors. Further, the prosecutor stated proper, objective reasons for exercising his peremptory challenges against other Black jurors. [Citations to the record.] The challenges were all based upon answers which the jurors gave during voir dire and were objectively sufficient to justify use of the peremptory challenges."

16 The prosecutor's entire case was predicated on circumstantial evidence.

17 See footnote 9, ante.