# Highler v. State

> Indiana Court of Appeals · December 1, 2005 · 834 N.E.2d 182

URL: https://www.frixlaw.com/law-library/cases/9736410

## Case

- **Full name:** Marshall HIGHLER, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** December 1, 2005
- **Citations:** 834 N.E.2d 182; 2005 WL 2233577
- **Precedential status:** Published
- **Opinion:** Concurrence by Robb
- **Judges:** Bailey, Friedlander, Robb
- **Cited by:** 3 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/9736410

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9736410. Public record. Not legal advice.