The People, Plaintiff and Respondent v. Francis Mata, Defendant and Appellant

Summary

The court held that a party's assent to an alternative remedy for a discriminatory peremptory challenge may be implied from counsel's failure to object when given a meaningful opportunity to do so. Because defense counsel did not object to reseating the improperly challenged juror and demonstrated awareness of that alternative remedy, defendant waived the default remedy of dismissing the selected jurors and quashing the venire. The court therefore reversed the Court of Appeal and remanded for further proceedings. Justices Baxter, Werdegar, and Liu concurred separately, addressing the scope of the default remedy and the degree of consent required for an alternative remedy.