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Appeals court weighs Batson-style challenge after trial judge found peremptory strike not genuine
Summary
In Commonwealth v. Zapata, defense counsel argued the trial judge improperly applied the genuineness prong and that Gonzalez/Roach precedent requires reversal; the Commonwealth said the judge’s demeanor-based credibility finding was permissible and urged deference. The case was submitted.
Attorney William Driscoll told the three-justice panel the trial court used an inadequate test when it sustained a challenge to a peremptory strike, relying on a finding the reason was not ‘genuine’ without adequate explanation. Driscoll argued Gonzales and Roach require a searching analysis into…
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