Legal Opinion
People v. Garcia
California Court of Appeal
Decided February 22, 2000No. G022376PublishedCited by 23 opinions
1Opinion of the Court
Opinion
BEDSWORTH, J.
Cano Garcia was charged with burglary. During his trial, it somehow became known that two members of the jury venire were lesbians. In fact, they both worked for the same gay and lesbian foundation. After the prosecution excused both women, defense counsel made a Wheeler motion. There was a discussion at the bench, and the trial court denied the motion, explaining, “Well, I am going to rule that sexual preference is not a cognizable group .... I don’t think that your sexual preference specifically relates to them sharing a common perspective or common social or…
2Cases cited39 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Taylor v. LouisianaSupreme Court of the United States · 1975
- Personnel Administrator of Mass. v. FeeneySupreme Court of the United States · 1979
- Reed v. ReedSupreme Court of the United States · 1971
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3Cited by23 opinions
- In Re Marriage CasesCalifornia Supreme Court · 2008
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- Smithkline Beecham Corporation v. Abbott LaboratoriesCourt of Appeals for the Ninth Circuit · 2014
- Snetsinger v. Montana University SystemMontana Supreme Court · 2004
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