Johnson v. State

WIGGINTON, Judge.

The issue raised on appeal is whether the trial court erred in prohibiting defense counsel from exercising available peremptory challenges prior to the time the jury was sworn. We reverse.

During jury selection, when the time approached for the parties to exercise their challenges, the trial court announced the following procedure:

THE COURT: Now, you can back strike but only if the complexion of the jury changes. If for example [the prosecutor] said he accepts the first six, and you [defense counsel] said you accept, then that’s it. He can’t go back and say wait a minute I…