State v. Urrea

¶ 39 I agree with my colleagues that a trial court has broad discretion to fashion an appropriate remedy for a Batson violation, and we will not disturb its ruling absent an abuse of discretion. I also agree that imposing either of the two remedies the Supreme Court mentioned in Batson is not an abuse of discretion. Those two remedies are: (1) “disc-harg[ing] the venire and seleet[ing] a new jury from a panel not previously associated with the case,” or (2) “disallow[ing] the discriminatory challenges and resum[ing] selection with the improperly challenged jurors reinstated on the venire.”…