January 29, 2026
Court of Appeal, Fourth Appellate District, Division One
The Rule of People v. Aguilar is that a prosecutor's peremptory challenge based on alleged "juror confusion" is presumptively invalid under Code of Civil Procedure section 231.7, subdivision (g)(1)(C), and requires the trial court to confirm that the asserted confused behavior actually occurred based on the court's own observations, under circumstances where the prospective juror is perceived as a member of a protected group and gives clear, consistent answers regarding the legal concept in question.