Legal Opinion

State v. Millage

Court of Appeals of Oregon

Decided December 8, 1993No. 448615-9107; CA A74055PublishedCited by 4 opinions

1Opinion of the CourtDeits, P. J.

Defendant was convicted of disorderly conduct and assault in the fourth degree. ORS 166.025; ORS 163.160. He argues that the trial court erred in finding that the prosecutor’s peremptory challenge of a prospective juror, who is a member of a racial minority, did not violate his Fourteenth Amendment right to equal protection of the laws. We affirm.

On July 3, 1991, defendant, an African-American man, and McIntosh, 2 also an African-American man, entered an Arctic Circle restaurant and ordered food. According to several witnesses, defendant and McIntosh verbally abused the employees. About 20…

2Cases cited4 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Hernandez v. New YorkSupreme Court of the United States · 1991
  3. State v. HendersonOregon Supreme Court · 1992
  4. State v. McIntoshCourt of Appeals of Oregon · 1993

3Cited by4 opinions

  1. State v. Ruiz-MartinezCourt of Appeals of Oregon · 2001
  2. State v. RossCourt of Appeals of Oregon · 1998
  3. State v. McIntoshCourt of Appeals of Oregon · 1993
  4. State v. ClayCourt of Appeals of Oregon · 2001

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