State v. Harris

OPINION

LIVERMORE, Court of Appeals Judge.

In Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), the court held it to be a denial of equal protection for a prosecutor to use his peremptory challenges to exclude jurors on the basis of defendant’s race. In State v. Holder, 155 Ariz. 83, 745 P.2d 141 (1987), we held that a potential Batson error must be raised at trial, or it is waived. We are now required to determine when objection must be made. In this case, the first objection was made not at the time that peremptory strikes were exercised but the next day after the jury…