Preponderance Of The Evidence Standard Applies To Final Step Of Wheeler/Batson Analysis

The trial court denied the defendant's Wheeler/Batson motion because it did not find proof of racial discrimination in the People’s utilization of the peremptory challenges by clear and convincing evidence.

Division Four of California's Fourth District Court of Appeal concluded that the preponderance of evidence standard - and not the clear and convincing evidence standard - applies to the final step of a Wheeler/Batson challenge: whether the neutral reasons offered to justify a peremptory challenge are genuine or pretextual.

Becuase the trial court applied the wrong standard in making its ruling, the Court of Appeal remanded so that the trial court may reconsider the third Batson step under the proper legal standard.

The unanimous decision was authored by Presiding Justice Norman L. Epstein.

People v. Hutchins, no. B187104 (Cal.Ct.App. (2nd Dist., Div. 4) filed 2/20/07)