Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

People v. Burgener

California Supreme Court
62 P.3d 1 (2003)


Michael Burgener (defendant) killed a convenience-store clerk during a robbery. Burgener was convicted by a jury of first-degree murder and sentenced to death. However, the California Supreme Court reversed and remanded the case for a new trial. During the selection of the second jury, Burgener moved to quash the jury venire, which is the group of jurors available to sit on his case’s jury panel. Burgener argued that the group of available jurors was not a fair cross-section of the community. Specifically, Burgener alleged that young and low-income adults were underrepresented in the group of potential jurors for his case. During the hearing on this motion, the court’s jury-services manager testified that: (1) her office was occasionally asked to send additional African-American jurors to supplement nondiverse panels and (2) one of the times this occurred was during the week that Burgener’s jury was being selected. The district attorney then requested that the court quash the jury venire and restart jury selection due to possible underrepresentation of African-Americans on Burgener’s jury panel. Burgener joined in the request. However, the trial court refused to quash the jury venire and restart jury selection. Burgener was again found guilty by the jury and sentenced to death. As a death penalty case, it was automatically appealed to the California Supreme Court.

Rule of Law


Holding and Reasoning (Baxter, J.)

Concurrence (Kennard, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial