Legal Opinion

People v. Garcia

New York Supreme Court

Decided November 15, 1994PublishedCited by 1 opinion

1Opinion of the Court

*246OPINION OF THE COURT

David Stadtmauer, J.

May a prospective juror be peremptorily challenged because of "bad English?”

The defendant is a Hispanic male who stands accused of the crime of murder in the second degree. During the course of jury selection, defense counsel peremptorily challenged six white non-Hispanic venirepersons. Defense counsel now seeks to exercise a similar challenge against a white female prospective juror who has exhibited no obvious deficiencies as to fairness or other inability to serve. The People move to compel the defense to set forth a racially neutral reason for this…

2Cases cited8 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Powers v. OhioSupreme Court of the United States · 1991
  3. JEB v. Alabama Ex Rel. TBSupreme Court of the United States · 1994
  4. People v. HernandezNew York Court of Appeals · 1990
  5. People v. KernNew York Court of Appeals · 1990

3 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Payne v. GundyWest Virginia Supreme Court · 1996

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