Legal Opinion · Dissent

Luong v. State

Supreme Court of Alabama

Decided March 14, 2014No. 1121097Published

1DissentParker, Justice

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…

2Cases cited27 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Irvin v. DowdSupreme Court of the United States · 1961
  3. In Re Murchison.Supreme Court of the United States · 1955
  4. Dobbert v. FloridaSupreme Court of the United States · 1977
  5. Patton v. YountSupreme Court of the United States · 1984

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