(Download) "State V. Evans" by Washington Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State V. Evans
- Author : Washington Court of Appeals
- Release Date : January 08, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Batson v. Kentucky*fn1 and its progeny*fn2 teach that the equal protection clause of the fourteenth amendment protects against invidious discrimination by the improper exercise of peremptory challenges in criminal and civil proceedings. In these two cases that we consolidate for purposes of our opinion,*fn3 we decide two issues of first impression in this state. First, may a trial judge raise sua sponte a Batson issue dealing with the selection of a jury? Second, did the procedure in these cases violate the requirement of Batson that a prima facie case of invidious discrimination first be shown before further inquiry is permitted? We hold that a court may raise sua sponte a Batson issue. We further hold that the trial court's procedure in these cases is impermissibly inconsistent with the rule of Batson. Accordingly, we reverse.
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