State v. Hansen

PERRY, Judge.

Wayne Bruce Hansen was charged with three counts of lewd and lascivious conduct with his stepdaughter. I.C. § 18-1508. During voir dire, the prosecution used ten of eleven peremptory challenges to exclude males from the jury. After the jury was sworn, Hansen challenged the empaneled jury claiming that the state’s use of its peremptory challenges violated his constitutional rights pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Hansen moved to strike the jury panel and also moved for dismissal of the case on double jeopardy grounds. The state…