California Appellate Court Decisions Referencing the Racial Justice Act (Riverside County)

Mosby v. Superior Court (2024)

Citation: Mosby v. Superior Court (2024) (Docket: E080924M)

The petitioner, Michael Earl Mosby III, was charged in Riverside County with a drive-by shooting and a gun enhancement. The District Attorney sought the death penalty. Mosby filed a motion under the California Racial Justice Act (CRJA), claiming the decision to seek the death penalty was based on race.

The trial court denied the motion, ruling that Mosby had failed to make a prima facie showing of racial discrimination. The California Court of Appeal, Fourth Appellate District, Division Two, reviewed the trial court’s denial. The appellate court granted the petition, finding that Mosby had indeed produced sufficient evidence to establish a prima facie case of a CRJA violation and was entitled to an evidentiary hearing.