People v. Carasi

In People v. Carasi (2008) 44 Cal.4th 1263, the defendants moved during jury selection to dismiss the panel of jurors and start jury selection anew, arguing that the prosecution had impermissibly discriminated against female prospective jurors. The trial court deferred a decision on the issue of whether there was a prima facie case until it had reviewed its notes and the record. The jury panel was sworn that day, and the alternate jurors were sworn a few days later. The court denied the motion during the prosecution's case at the guilt trial, ruling that there was no prima facie case of purposeful gender discrimination. The Supreme Court reviewed this determination without expressing any concern about the procedure the trial court had used. (Carasi, supra, 44 Cal.4th at pp. 1292-1296.)