The opinion
John I. Purtle, Justice, concurring. I concur only because I do not have time to research this issue in depth. There is something seriously amiss in the jury selection process when not one black person out of a panel of 300 prospective jurors is chosen. Clearly, a prima facie case of discrimination is established under these circumstances. The state should be charged with proving the validity of the panel. We have been furnished no figures reflecting the number of blacks residing in Garland County, although such figures are available from the Census Bureau and other compilations.
I am aware of the opinion of this court in Thomas v. State, 289 Ark. 72 , 709 S.W.2d 83 (1986), and various United States Supreme Court opinions including Duren v. Missouri, 439 U.S. 357 (1979). Blacks are a distinctive group and are not represented at all on this panel of 300 venires. The state should be required to show some reason for the absence of this distinctive group. A list of all licensed drivers in the county might be more representative than the voter registration list. People who pay personal and real property taxes are listed in each county and could be a source from which jurors are selected. Any system obtaining the result in this case certainly needs further examination.