The Problem
The appeal of appellant Peter Prescott is pending before the California Court of Appeal, Second Appellate District, Division Nine.
Appellant Peter Prescott was convicted of attempted murder and assault with a deadly weapon. He raises two claims on appeal.
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Whether the trial court improperly denied an objection to a peremptory challenge to a prospective juror on the ground that the challenge was made on the basis of the prospective juror’s race.
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Whether the trial court also committed reversible error, in violation of appellant's Sixth Amendment right of confrontation, when it admitted evidence that the victim nodded his head when a sheriff’s deputy asked the victim if appellant was the person who assaulted him.
These issues are deemed preserved for appellate review.
The Record
Issue 1
Relevant portion from voir dire:
Issue 2
RT contains pre-trial proceedings and the trial. (Relevant pre-trial portion can be found on pages 18-24.)
Following the tradition of the Traynor competition, the problem is drawn from a real case in the California courts. The issues in the actual case are closely contested, and neither side is favored for purposes of the problem. Any attempt by any person, directly or indirectly, to contact the attorneys or the parties, or to examine the real-life case file or briefs, including decisions and opinions in the case on which the problem is based, People v. SanMiguel, B328160, is prohibited and will result in disqualification of the entire team.
Review all the rules for the competition here.
Good luck!