Photo: Jason Doiy, ALM
“Record checks run because of dissatisfaction with a judge’s ruling, as was done here, undermine the framework within which the trial proceeds and alters the court’s exclusive province in administration of the jury venire,” the Appellate Division said.
February 25, 2020 at 10:55 AM
1 minute read
An appellate court ruled that a prosecutor’s selective use of a background check on one black member of the jury pool, which ultimately led to the juror’s expulsion after arrest warrants surfaced, must result in an overturned conviction.
In State v. Andujar, the Appellate Division on Monday said the state’s actions violated the “Batson/Gilmore analysis.”
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