What is the test for making a prima facie showing in voir dire?
California, United States of America
The following excerpt is from People v. West, A138978 (Cal. App. 2014):
In ruling on whether a prima facie showing has been made, trial judges must use their " ' "powers of observation, their understanding of trial techniques, and their broad judicial experience" ' " to consider " 'all circumstances of the case.' " (People v. Howard (1992) 1 Cal.4th 1132, 1155.) Since the court observes counsel throughout voir dire and uses such observation as a basis for ruling, its decision is given " 'considerable deference' " on appeal. (Ibid.)
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