08-04-08 A-2067-05T4
Under the 2005 decision of the Supreme Court of the United States in Johnson v. California, a defendant may establish a prima facie case of the discriminatory use of peremptory challenges by producing evidence sufficient to support an inference that discrimination has occurred. Therefore, the part of our Supreme Court's decision in Gilmore that required a defendant to show a "substantial likelihood" of the discriminatory use of peremptory challenges to establish a prima facie case has been superseded by Johnson.
