Legal Opinion · Dissent
State v. Gregory
Court of Appeals of Wisconsin
Decided April 5, 2001No. 00-0961-CRPublished
1DissentVergeront, J.
¶ 16. (dissenting). I conclude that the trial court erred in its application of the Batson analysis. I do not agree with the majority that defense counsel waived the right to object to the prosecutor's proffered reasons for using a peremptory strike to remove Dondre Bell by not requesting an adjournment, nor do I agree that an evidentiary hearing is not required. Therefore, I would remand for an evidentiary hearing.
¶ 17. During voir dire, the prosecutor asked the potential jurors whether any had used a controlled substance such as marijuana, cocaine, or heroin. Seven answered they had used…
2Cases cited7 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Flanders Jordan v. Eugene S. LefevreCourt of Appeals for the Second Circuit · 2000
- State v. WalkerWisconsin Supreme Court · 1990
- State v. LopezCourt of Appeals of Wisconsin · 1992
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