Summary
finding denial of a Batson challenge was not an abuse of discretion when prosecutor based his challenge on the prospective juror's occupation as a history teacher, the fact that there was already one history teacher on the jury, and the prosecution did not want another one
Summary of this case from State v. FlorantOpinion
No. 99-K-1789.
November 24, 1999.
In re Touissant, Shawn; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of Jefferson, 24th Judicial District Court Div. P, Nos. 97-4551; to the Court of Appeal, Fifth Circuit, No. 98-KA-1214
Prior report: La.App., 734 So.2d 961.
Denied. Result correct.
CDK
WFM
BJJ
JPV
CDT
KNOLL, J., not on panel.
CALOGERO, C.J., would grant the writ.
The trial judge has almost unlimited discretion in accepting or rejecting race-neutral reasons given by the prosecutor after exercising a peremptory challenge. Here, the prosecutor rejected the prosecutor's reasons, but took no further action. At that point, the trial judge was required either to reinstate the juror in the venire or to dismiss the entire panel and select a new jury from a new petit venire. Boston v. Kentucky, 476 U.S. 79, 100 n. 24 (1986). The judge's failure to take either action requires reversal of the conviction.