Pellegrino v. AMPCO SYSTEM PARKING

This case raises the question whether, absent a finding that a peremptory challenge is barred by Batson v Kentucky, 476 US 79; 106 S Ct 1712; 90 L Ed 2d 69 (1986), because it is motivated by race, a trial court may nevertheless deny a party the use of a peremptory challenge on the basis of the court’s desire to attain a racially proportionate jury. We hold that such a denial violates the rule of Batson that jurors must be “indifferently chosen” and is therefore in violation of both the equal protection guarantees of the federal and state constitutions, US Const, Am Xiy § 1 and Const 1963 art…