State v. Lewis

WEIMER, Justice.1

I,We granted certiorari in this case to determine the appropriate remedy for a defendant when he is prohibited, in violation of La.C.Cr.P. art. 799.1, from using a peremptory challenge to back strike a provisionally selected juror. Agreeing with the court of appeal’s determination that the error is one which is subject to harmless error analysis, we nevertheless find the court of appeal misapplied the harmless error standard of review in this case. Because, after review, we cannot conclude with certainty that the guilty verdicts rendered in this ease were surely…