# Ezell v. State

> Court of Criminal Appeals of Oklahoma · December 8, 1995 · 66 O.B.A.J. 3913

URL: https://www.frixlaw.com/law-library/cases/9583473

## Case

- **Full name:** Ted EZELL, Appellant, v. the STATE of Oklahoma, Appellee
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** December 8, 1995
- **Citations:** 66 O.B.A.J. 3913; 909 P.2d 68; 1995 OK CR 71; 1995 Okla. Crim. App. LEXIS 78; 1995 WL 728196
- **Precedential status:** Published
- **Opinion:** Concurrence by Lumpkin
- **Judges:** Chapel, Johnson, Lumpkin, Lane, Strubhar
- **Cited by:** 16 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/9583473

## How later opinions describe it (automated extraction)

- holding that it was racially discriminatory for an African-American defendant to use a peremptory challenge to unseat a juror of the same race
- concluding either remedy announced in Batson appropriate "depending on the particular circumstances at trial”

## Opinion text

LUMPKIN, Judge,
concurring:
I concur in the Court’s decision as a proper application of stare decisis. However, the facts of this case point out an almost untenable application of the United States Supreme Court jurisprudence regarding a juror’s right to serve rather than the parties’ right to select a jury to try the case. It is an example of reaching out and embracing a novel legal idea which in practice paints the Court into the proverbial corner. The problem is the paint never dries to allow the painter to leave the room.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9583473. Public record. Not legal advice.