# State v. Washington

> Supreme Court of Louisiana · June 25, 1979 · 375 So. 2d 1162

URL: https://www.frixlaw.com/law-library/cases/7499113

## Case

- **Full name:** STATE of Louisiana v. Joe W. WASHINGTON
- **Court:** Supreme Court of Louisiana
- **Decided:** June 25, 1979
- **Citations:** 375 So. 2d 1162; 1979 La. LEXIS 6848
- **Precedential status:** Published
- **Opinion:** Dissent by Blanche
- **Judges:** Blanche, Brown, Marcus, Reasons, Summers, Tate
- **Cited by:** 32 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7499113

## How later opinions describe it (automated extraction)

- finding Swain violation on the basis of, inter alia, evidence that "the prosecutor himself admits that, solely on the basis of race and without examination as to the individual's particular qualifications or predilections, he consistently excuses black veniremen through the us…

## Opinion text

BLANCHE, Justice,
dissenting.
The trial counsel involved in this proceeding is a sincere, conscientious and professional prosecutor and in this writer’s opinion one of the most capable criminal trial tacticians in this state. What he has done wrong in this case is to choose jurors, in his judgment, who will give the State a fair trial.
Our decision forces him in the future to include a certain percentage of blacks on every jury trial in which he participates and state for the record each time he excuses a black that he or she is being excused for some reason other than race. The percentage would have to be one which he would have to estimate to satisfy this Court that he was not using racist tactics in excluding blacks. See Footnote 1 of the opinion.
If anything is wrong, it is the system, not the prosecutor. I am unable to criticize him for performing his duties in accordance with the law which gives the State twelve peremptory challenges.
For the above reasons, I respectfully dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7499113. Public record. Not legal advice.