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JOHNSON v. CALIFORNIA

No. 04-6964.

545 U.S. 162 (2005)

JOHNSON v. CALIFORNIA

Supreme Court of United States.

Decided June 13, 2005.

Attorney(s) appearing for the Case

Stephen B. Bedrick, by appointment of the Court, 543 U.S. 1143, argued the cause for petitioner. With him on the briefs was Eric Schnapper.

Seth K. Schalit, Supervising Deputy Attorney General of California, argued the cause for respondent. With him on the brief were Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Senior Assistant Attorney General, and Laurence K. Sullivan, Supervising Deputy Attorney General.*

STEVENS, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, SCALIA, KENNEDY, SOUTER, GINSBURG, and BREYER, JJ., joined. BREYER, J., filed a concurring opinion, p. 173. THOMAS, J., filed a dissenting opinion, p. 173.

JUSTICE STEVENS delivered the opinion of the Court.

The Supreme Court of California and the United States Court of Appeals for the Ninth Circuit have provided conflicting answers to the following question: "Whether to establish a prima facie case under Batson v. Kentucky, 476 U.S. 79 (1986), the objector must show that it is more likely than not that the other party's peremptory challenges, if unexplained, were...

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