People v. Long

In People v. Long (2010) 189 Cal.App.4th 826, the prosecutor gave two reasons for a peremptory challenge against a Vietnamese prospective juror. By not participating in group voir dire or making eye contact with the prosecutor, the prosecutor characterized the prospective juror as "a nonparticipating member of the jury." The prosecutor also was uncomfortable with the prospective juror's body language. (Id. at p. 843.) Because the prosecutor's first stated reason in Long was inaccurate (the record showed that the prospective juror had participated in group voir dire), that court declined to defer to an implied trial court finding regarding the prospective juror's behavior. (Id. at p. 848.)