California Supreme Court

The People, Plaintiff and Respondent v. Randy Eugene Garcia, Defendant and Appellant — Kennard, J., Concurring

August 25, 201152 Cal. 4th 706

Summary

The concurrence joins the affirmance of the defendant's judgment of death but applies a different analysis to the grand-jury-selection challenge. It concludes that the evidence established a prima facie case of purposeful discrimination against Hispanics, but not against women, and that the prosecution rebutted the Hispanic underrepresentation presumption. The concurrence therefore agrees that the motion to quash the indictment was properly denied.