State v. Gorman

The majority holds that the defendant may not challenge on equal protection grounds the State’s use of peremptory strikes to remove black persons from the jury because the defendant himself is not black. The majority also holds that the State’s use of peremptory challenges to discriminate against black veniremen neither violates due process nor violates the right to an impartial jury under the Sixth Amendment.

I do not agree with any of these holdings. The State’s use of its peremptory challenges to strike the only two black persons from the jury in this case constituted a prima facie showing…