State v. Smith

WASSERSTROM, Chief Judge.

Upon jury trial in June 1978, defendant was convicted of murder in the second degree. He appeals on the sole ground that the jury selection was discriminatory against women in violation of Duren v. Missouri, 439 U.S. 357, 99 S.Ct. 664, 58 L.Ed.2d 579 (1979). Defendant did not file a timely motion for new trial and he therefore concedes that this sole point on appeal was not properly preserved for review. He asks, however, that this point be reviewed as plain error under Rule 27.20(c).

That this matter of discrimination against women in jury selection is properly the…