Highler v. State

BOEHM, Justice.

We hold that the use of a peremptory challenge to strike a juror because of the juror's race, gender or religious affiliation violates the juror's right to equal protection of the laws. The juror's affiliation is to be distinguished from religious beliefs that prevent the juror from following the law. The juror's occupation, to the extent it may indicate a predisposition and is not a pretext, is a permissible ground for a peremptory strike.

Facts and Procedural History

Marshall A. Highler, an African American, was charged with rape as a Class B felony. "Juror 92" was the only…