What is the burden of persuasion regarding racial motivation in the context of a civil rights claim?
California, United States of America
The following excerpt is from People v. Davalos, A127943 (Cal. App. 2011):
purposeful discrimination. The ultimate burden of persuasion regarding racial motivation rests with, and never shifts from, the opponent of the strike. (Rice v. Collins (2006) 546 U.S. 333, 338.) The three-step procedure also applies to state constitutional claims. [Citations.]
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