State v. Henderson
Court of Appeals of Oregon
1Opinion of the CourtButtler, P. J.
Defendant appeals his conviction for rape, kidnapping, and resisting arrest, contending that the state violated his Fourteenth Amendment right to equal protection of the laws by exercising a peremptory challenge, over his timely objection, to the only black person on the jury. The question is whether the record supports an inference of purposeful discrimination requiring the state to rebut that inference with a neutral explanation. We conclude that it does, and remand for a determination of whether the prosecution had a neutral, legitimate reason for its challenge related to this case.
Defendan…
2Cases cited4 opinions
- Batson v. KentuckySupreme Court of the United States · 1986
- Swain v. AlabamaSupreme Court of the United States · 1965
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- State v. StroupOregon Supreme Court · 1980
3Cited by9 opinions
- Commonwealth v. HarrisMassachusetts Supreme Judicial Court · 1991
- People v. PortleyColorado Court of Appeals · 1992
- State v. HendersonOregon Supreme Court · 1992
- State v. HendersonCourt of Appeals of Oregon · 1992
- State v. RossCourt of Appeals of Oregon · 1998
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