Yana G. Henriks

As matter of first impression, under California law, justification for peremptory strike of prospective juror on basis of disability (or disability of juror’s family member) is not permissible nondiscriminatory reason to support peremptory strike of prospective juror;

As matter of first impression, prospective juror is member of a cognizable class for purposes of a Batson–Wheeler motion if the juror has or is perceived to have a listed characteristic in statute prohibiting discrimination; and

As a matter of first impression, although race-neutral, the doctor’s counsel’s justifications for peremptory strikes of prospective jurors in the medical malpractice action, namely that jurors’ family members were disabled, were discriminatory.

The Roe v. Centinela Valley Union High School District (Cal. Ct. App., Sept. 16, 2022, No. B311456) 2022 WL 4285177 involved an appeal from grant of summary judgment motion based on striking the Plaintiff’s evidence as hearsay.

On appeal, Plaintiff urged the Court of Appeal to recognize a new hearsay exception “for developmentally disabled victims of abuse.” Following disposition, twelve (12) non-profit organizations petitioned the Court of Appeals to certify the case for publication based on continuing issues of public interest.

Although the request for publication was not granted, the change was made: one case at a time.