Section 21.25 Establishing a Prima Facie Case

• Library: Criminal Practice 2012 Supp

1. (§21.25) Establishing a Prima Facie Case

To establish a prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), the defendant must show that the prosecutor has exercised peremptory challenges to remove members of a cognizable group and that all relevant circumstances of the case raise an inference that the prosecutor used peremptory challenges to exclude persons on the basis of race or gender. “[R]elevant circumstances” include such things as a pattern of strikes against jurors from the...