TRIAL COURTS SHOULD NOT LIMIT VOIR DIRE
The California Supreme Court held last week that appellate courts have to do a comparative juror analysis on Batson (476 U.S. 79)/ Wheeler (22 Cal.3d 258) challenges.
What that means is that courts must compare jurors who have been kicked off with jurors who have been left on by the DA.
More importantly, this case contains a statement encouraging trial judges not to limit your voir dire. In fn. 16, the Supremes note the trial judge's power to limit the time for your voir dire, but go on to say, "Nevertheless, in exercising that discretion, trial courts should seek to balance the need for effective trial management with the duty to create an adequate record and allow legitimate inquiry."
Since most courts - mostly former prosecutors - limit our voir dire to the point where we can barely start developing our "for cause" challenges, we must use this this case to resist time limitations on our voir dire.
People v. Lenix; 2008 DJ DAR 11396; DJ, 7/25/08; Cal. Supremes
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