May 19, 2023 – People v. Jaime (3rd Dist., C096022)

The Court of Appeal reverses and remands for a new trial after finding the trial court erred in denying appellant’s Batson-Wheeler motion under recently enacted CCP 231.7. The court finds the prosecution failed to rebut the presumptively invalid reasons for exercising the peremptory challenge of a juror based on her negative experience with law enforcement and close relationship with someone who had been convicted of a crime. The court finds the issue was not forfeited because the record showed an objection would have been futile.