Opinion

Highler v. State

  • 834 N.E.2d 182
  • 2005 WL 2233577
Court
Indiana Court of Appeals
Filed
Dec 1, 2005
Status
Published
Author
Robb
On the bench
Bailey, Friedlander, Robb
Cited by
3 cases

The opinion

ROBB, Judge,

concurring with separate opinion.

I concur in the majority's general discussion of exclusion of jurors based upon religious affiliation and its conclusion that Juror 92 was not improperly excluded from the jury. However, I write separately to note that I do not believe the State's justification for striking Juror 92-that "in his profession he's a Pastor and I never take any Pastors, Ministers, Reverends, [or] Priests on my jury panels"-is a statement improperly bearing upon Juror 92's religious affiliation. In this particular instance, I believe the State's justification bears only upon his occupation. Although this particular juror's occupation incidentally implies that he has a religious affiliation, the State did not single out any one religious affiliation, and I therefore do not believe the State made an improper statement.

In all other respects, I concur in the majority opinion.

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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