Diomampo v. State

OPINION

By the Court,

Maupin, J.:

In this case, we primarily consider whether the State’s peremptory challenge of a prospective juror on the ground that he did not understand the English language violates the rule set forth in the United States Supreme Court decision in Batson v. Kentucky.

A jury convicted appellant Jose Diomampo of mid-level trafficking in a controlled substance in violation of Nevada’s Uniform Controlled Substances Act. On appeal, he argues that the State used its peremptory challenges in a discriminatory manner in violation of Batson. He also argues that the State commented on…