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Constitutional Law Keyed to Choper
Johnson v. California
Citation:
545 U.S. 162 (2005)Facts
Jay Shawn Johnson, a Black male, was charged with second-degree murder and assault resulting in the death of a white 19-month-old child. During jury selection, 43 eligible jurors remained after removals for cause, including three Black prospective jurors. The prosecutor used three of his twelve peremptory challenges to remove all three Black prospective jurors, resulting in an all-white jury. After the second strike against a Black juror, defense counsel objected, arguing the challenge was unconstitutionally based on race. The trial judge did not ask the prosecutor to explain the rationale for the strikes but instead found Johnson had failed to establish a prima facie case under California precedent, requiring a “strong likelihood” that the challenges were based on race. When the prosecutor struck the final Black juror, defense counsel objected again, but the judge again denied the motion, stating her own examination of the record showed race-neutral reasons for the strikes based on the jurors’ questionnaire answers.
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