Batson Reversal: DA Gave Meaningless Explanation for Excusing Juror

On remand from the California Supreme Court for reconsideration in light of People v. Reynoso (2003) 31 Cal.4th 903, the California Court of Appeal (1st Dist., Div. 3), reached the same result it had the first time around, and held that trial court erred in accepting the prosecutor's "meaningless explanation" for removing an African-American juror from the jury. This was per se reversible error. Here is the prosecutor's meaningless explanation:

“The first woman, her very response to your answers, and her demeanor, and not only dress but how she took her seat. I don’t know if anyone else noticed anything but it’s my experience, given the number of trials I’ve done, that that type of juror, whether it’s a personality conflict with me or what have you, but they tend to, in my opinion, disregard their duty as a juror and kind of have more of an independent thinking.”

Click here to read the unanimous opinion in People v. Allen, no. A093927, authored by Justice Stuart R. Pollak.