Brass v. State

OPINION

By the Court,

Douglas, J.:

In this appeal, we consider whether a district court committed reversible error by dismissing a prospective juror before conducting a hearing pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), and whether there was sufficient evidence to support a kidnapping conviction. We hold that when a defendant asserts a Batson violation, it is a structural error to dismiss the challenged juror prior to conducting the Batson hearing because it shows that the district court predetermined the challenge before actually hearing it. We further conclude that the…