Holley

On appeal from a civil judgment we confront the apparently novel question whether the exercise of peremptory challenges in civil proceedings is subject to scrutiny under the constitutional standard announced in People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. We will conclude for the reasons stated that substantially similar constitutional concerns warrant compliance with the Wheeler mandate. Since the record clearly demonstrates noncompliance, we reverse the judgment.

The relevant facts and proceedings below are undisputed: appellant, who is black, brought a negligence action against respondents. Trial by an all white jury resulted in a special verdict by a nine-to-three vote (Cal. Const., art. I, § 16; Code Civ. Proc. § 618) 1 in favor of respondents on the issue of liability. During jury voir dire respondents exercised three of their six peremptory challenges (see Code Civ. Proc., § 601) to excuse three of four black jurors called to the jury box. 2 (Mrs. Smith, the fourth black panel member, was dismissed by the court for cause; Code Civ. Proc., § 602.) After the third peremptory challenge, appellant moved that the trial court summon…

I concur in the majority opinion in all respects save one.

In the majority’s view it is a reasonable inference that the sole basis for exclusion was the invidious one of racial bias. This well may be correct, but particularly in view of the trial judge’s finding to the contrary (which I quite agree is not dispositive), in these circumstances I would restrict the basis of our conclusion of error to the absence of the hearing required by Wheeler.

I concur in the lead opinion for the reasons set forth in the concurring opinion of Justice Newsom. My concurrence is also with “reluctance” in substituting our judgment for that of the trial court and in recognition of the apparent mandate represented by People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal.Rptr. 890 , 583 P.2d 748 ]. And, as with Justice Newsom, I restrict my concurrence to the “limited circumstances” of this case.

My reluctance in extending the Wheeler concept to civil cases is also based on concerns about the myriad of very practical and very difficult problems illustrated by the in-chambers discussions between the trial court and the attorneys in the case before us as to group identification of all prospective and all impaneled jurors as well as by the difficulties inherent in determining varying proportions of persons of various “identifiable groups” within counties and within judicial districts in counties.

I fully support the established principles concerning what is necessary for a fair trial, criminal or civil, including the general need and desirability that trial juries be drawn from representative cross-sections of the communities in which they…

On appeal from a civil judgment we confront the apparently novel question whether the exercise of peremptory challenges in civil proceedings is subject to scrutiny under the constitutional standard announced in People v. Wheeler (1978) 22 Cal.3d 258 [ 148 Cal. Rptr. 890 , 583 P.2d 748 ]. We will conclude for the reasons stated that substantially similar constitutional concerns warrant compliance with the Wheeler mandate. Since the record clearly demonstrates noncompliance, we reverse the judgment.

The relevant facts and proceedings below are undisputed: appellant, who is black, brought a negligence action against respondents. Trial by an all white jury resulted in a special verdict by a nine-to-three vote (Cal. Const., art. I, § 16; Code Civ. Proc. § 618) [1] in favor of respondents on the issue of liability. During jury voir dire respondents exercised three of their six peremptory challenges (see Code Civ. Proc., § 601) to excuse three of four black jurors called to the jury box. [2] (Mrs. Smith, the fourth black panel member, was dismissed by the court for cause; Code Civ. Proc., § 602.) After the third peremptory challenge, appellant moved that the…