Is a prosecutor's failure to demonstrate that juror 4845 was not excluded because of group bias prejudicial per se prejudicial?

California, United States of America


The following excerpt is from The People v. Turner, 109 Cal.Rptr.2d 138 (Cal. App. 2001):

When the challenged party fails to demonstrate that the excluded jurors in the suspect classification were not excluded because of group bias, the error is prejudicial per se. (People v. Turner, supra, 42 Cal.3d at p. 728.) That is the case here. The prosecutor failed to demonstrate that juror 4845 was not excluded because of group bias. The judgment therefore must be reversed. We shall address the remaining issues for the guidance of the trial court, however.

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