SAN FRANCISCO — Ripping what he called "a jurisprudence of 'don't ask, don't tell,'" California Supreme Court Justice Goodwin Liu said Monday his colleagues are turning a blind eye to race-based peremptory challenges and flouting a U.S. Supreme Court admonition that courts spell out reasons for denying such challenges.
Liu took the extraordinary step of counting up the 102 opinions in which the California Supreme Court has examined race-based jury challenges — commonly known as Batson challenges — in the last 20 years, and reported that the court has turned away all but one.
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