Commonwealth v. Curtiss

(dissenting, with whom Lynch and O’Connor, JJ., join). Of the ten appellate judges who have reviewed these convictions five would affirm and five would reverse. It would seem, however, that we all agree on the two principles of law that control here: First, a peremptory challenge may not be exercised either by the Commonwealth or by the defense to exclude a juror solely on grounds of that juror’s race. Second, a defendant has no right to be judged by, nor a juror to sit on, a jury that in a particular case is representative of, or “looks like” the community from which the jury are drawn. The…