Johnson v. California (Jay Shawn)
Johnson was convicted of second-degree murder and assault after a jury trial in California state court. He appealed, arguing that the prosecutor's preemptory challenges during jury selection were tainted by impermissible group bias. The California Court of Appeal reversed the conviction and the California Supreme Court reversed the court of appeal. At issue was whether the California case, People v. Wheeler, violates the United States Supreme Court case, Batson v. Kentucky. Both Wheeler and Batson establish procedures for a court to follow when a defendant objects to the prosecutor's peremptory challenges. The California Supreme Court concluded, in part, that Wheeler was consistent with Batson, and that, to state a prima facie case of discriminatory use of peremptory challenges, a defendant must show that it is more likely than not that the other party's peremptory challenges, if unexplained, were based on impermissible group bias.
The Supreme Court granted certiorari in this case for the 2003-2004 term, and then dismissed it for lack of jurisdiction because it was determined that the opinion of the California Supreme Court was not final. The case was remanded to the California courts, which finalized the judgment, and the Supreme Court again granted certiorari for the 2004-2005 term.
Question Presented:
Whether to establish a prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), the objector must show that it is more likely than
not the other party's peremptory challenges, if unexplained, were based on impermissible group bias.
