What is the test for making out a prima facie case in a peremptory challenge?
California, United States of America
The following excerpt is from People v. Burden, F070004 (Cal. App. 2017):
"There is a rebuttable presumption that a peremptory challenge is being exercised properly, and the burden is on the opposing party to demonstrate impermissible discrimination." (People v. Bonilla (2007) 41 Cal.4th 313, 341.) To rebut this presumption, the party alleging discrimination must successfully complete a three-step procedure. (Ibid.) "First, the defendant must make out a prima facie case 'by showing
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