08-04-08 State v. Oscar Osorio
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facie case has been superseded by Johnson.
