State v. Valdez

DURHAM, Chief Justice:

¶ 1 In this opinion, we clarify an important procedural rule that has apparently caused some confusion in Utah’s lower courts. The issues in this case arise from the State’s use of its peremptory challenges to exclude female potential jurors from the jury at the trial of Anthony James Valdez. Valdez objected, arguing that the State’s use of its peremptory challenges was unconstitutional under Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). 1 However, Valdez did not raise his Batson challenge until after the trial jury had been empaneled and sworn…