State v. Paleo

OPINION

GERBER, Judge.

¶ 1 Appellant Joseph Paleo (“Paleo”) appeals from his conviction and sentencing for aggravated D.U.I. He argues that the judge erred by holding Batson inapplicable when the prosecution elects to refrain from using all its peremptory challenges.

¶ 2 The United States Supreme Court has held that using peremptory challenges to exclude jurors on the basis of their race or gender is unconstitutional. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Such purposeful discrimination violates both the defendant’s and the potential juror’s right to equal…