State v. Robinson

Although I concur in the result, I write separately on the jury array issue to express my concerns about the majority’s analysis. I want to clarify, however, that my silence on the remaining issues should not be interpreted as acceptance of the majority’s analysis or reasoning on those issues.

I agree with the defendant that under the state constitutional right to trial by jury, an accused need only prove the first two prongs of Duren v. Missouri, 439 U.S. 357, 364, 99 S. Ct. 664, 58 L. Ed. 2d 579 (1979), in order to establish a prima facie violation of his right to have a jury drawn from a…