People v. Dixon

I am entirely in accord with my colleagues for reversal and a new trial because of the denial of an additional peremptory challenge. However, I believe also that the use of peremptory challenges by the prosecution to excuse ¿11 the black members of the jury panel was a violation of the defendants’ constitutional rights. Defense counsel objected to the use of peremptory challenges to the three black prospective jurors. The trial court did not inquire of the prosecutor as to the exercise of the challenges, indicating that the discretion of the prosecutor was beyond inquiry. However, the court…