Valdez v. People

Because I would adopt a clear error standard of review that would give deference to the trial judge’s decision regarding the existence or non-existence of a prima facie case of discriminatory jury selection, I respectfully dissent. Applying that standard to this case, I would conclude that the trial court did not commit clear error in finding that the defendant failed to make out a prima facie showing under Batson, and I would therefore affirm the court of appeals.

I

Defining and adopting a standard of review is a critical part of the appellate function. Absent statutory directive or…