Opinion

State v. Nelson

  • 85 So. 3d 21
  • 2012 WL 798767
Court
Supreme Court of Louisiana
Filed
Mar 13, 2012
Status
Published
Author
Guidry
On the bench
Johnson, Victory, Hoc, Guidry, Sexton
Cited by
54 cases
Authority
More cited than 11.0%

a substantial violation of defendant’s constitutional right to a fair trial warranted reversal of defendant’s conviction and sentence

How later courts described this case

  • a substantial violation of defendant’s constitutional right to a fair trial warranted reversal of defendant’s conviction and sentence
  • noting that the majority of courts have delegated the Batson remedy to the discretion of the trial -5- court
  • “Unless a discriminatory intent is inherent in the striking party’s explanation, the reason |14offered will be deemed race-neutral.”
  • noting that the majority of courts have delegated the Batson remedy to the discretion of the trial court

Written by the judges who cited it.

The opinion

GUIDRY, J.,

concurs in part and dissents in part.

U concur in the majority opinion regarding the “reverse Batson” challenge. The race neutral reasons articulated by defense counsel for striking the nine challenged jurors were adequate. Purkett v. Elem, 514 U.S. 765 , 115 S.Ct. 1769 , 131 L.Ed.2d 834 (1995).

I dissent from the discussion concerning the trial court’s choice of remedy. I believe that defense counsel collaboration during voir dire might warrant the type of peremptory challenge limitations imposed by the trial court in this case. However, any discussion of this issue is dicta, since our determination on the reverse Batson issue requires reversal of the convictions and remand for a new trial.

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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