People v. Nadey

Summary

The court affirmed defendant's convictions and death judgment, holding that the trial court properly rejected his Batson/Wheeler challenges because substantial evidence supported the prosecutor's race-neutral reasons for striking five Black prospective jurors. The court also concluded that evidence concerning a defense-retained DNA expert was admissible, that the trial court acted within its discretion in handling a juror note, and that any error in the court's response to the note was harmless. The visible opinion further concludes that the prosecutor's rebuttal comments about the absent defense expert were fair comments on the evidence and did not shift the burden of proof.