Luong v. State

I respectfully dissent from the main opinion. I write specifically to address Parts I and II of that opinion.

This Court has a duty to protect the Constitution and to uphold is provisions.

“The right of the accused to a fair and impartial trial, or to a fair trial before an *162impartial jury, is a constitutional right. Regardless of all other considerations, it affirmatively appears from the record before us in its entirety that the accused did not have a trial by an impartial jury. We cannot, if we were so disposed, ignore the solemn duty placed upon this court by our organic law. The…