Legal Opinion

State v. Fuller

Supreme Court of New Jersey

Decided December 22, 2004PublishedCited by 15 opinions

1Opinion of the CourtChief Justice Poritz

This appeal raises the question whether a prosecutor may use peremptory challenges to excuse a potential juror who wears clothing associated with a religious group or who indicates in voir dire that he has worked as a missionary. During jury selection for defendant’s trial, the prosecutor used four of his first five peremptory challenges to excuse African-American venirepersons. Defense counsel objected on the ground that those strikes constituted impermissible discrimination under State v. Gilmore, in which we held that a prosecutor may not use peremptory challenges to exclude African…

2Cases cited37 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. Swain v. AlabamaSupreme Court of the United States · 1965
  4. Powers v. OhioSupreme Court of the United States · 1991
  5. Taylor v. LouisianaSupreme Court of the United States · 1975

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3Cited by15 opinions

  1. State v. W.A.Supreme Court of New Jersey · 2005
  2. Christopher Young v. Lorie Davis, DirectorCourt of Appeals for the Fifth Circuit · 2016
  3. Keith v. State, Texas Court of Appeals, 11th District (Eastland)2009
  4. Clausell v. SherrerCourt of Appeals for the Third Circuit · 2010
  5. Highler v. StateIndiana Court of Appeals · 2005

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