Steven G. Patten v. California
DueProcess
Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment
QUESTION(S) PRESENTED 1. Whether Petitioner can establish a prima facie case of discrimination under the Equal Protection Clause of the Fourteenth Amendment when the prosecutuion in a state criminal trial used peremptories (i.e. peremptory challenges) to remove the only African-American (i.e. Black) jurors from the #&fillé venire (2 Black jurors in a venire totalling 35), where the §fi@f jurors' : answers do not necessarily dispel any inference of discrimination (especially since the answers did not give rise to dismissal for cause). 2. Whether the trial court's failure to give a self-defense instruction (with respect to the animal crueliy charge) is harmless error, where the jury was instructed that Petitioner (& not the prosecution) had to prove he was not in danger? : 3. Whether an erroneous & misleading flight instruction can bae cured by the standard instruction under CALCRIM No. 200 (that some instructions may not apply)? -|" wy ‘cee