Opinion

Sanders v. State

  • 300 Ark. 25
  • 776 S.W.2d 334
  • 1989 Ark. LEXIS 403
Court
Supreme Court of Arkansas
Filed
Sep 18, 1989
Status
Published
Author
Purtle
On the bench
Glaze, Purtle
Cited by
15 cases
Authority
More cited than 8.2%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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