The People, Plaintiff and Respondent v. Edgardo Sánchez, Defendant and Appellant. — Liu, J., Concurring

Summary

The concurring opinion agrees that the conviction should be affirmed but argues that comparative juror analysis should be considered at the first stage of a racial-discrimination challenge when a court hypothesizes race-neutral reasons for a peremptory strike. It also urges prompt reconsideration of the standard eyewitness-identification instruction permitting jurors to consider witness certainty, in light of scientific research questioning the relationship between certainty and accuracy. The concurrence further states that any error in admitting stun-gun evidence was harmless.