Eichelberger v. State

ALTENBERND, Judge.

We reverse Mr. Eichelberger’s convictions and sentences for first-degree murder, arson, and robbery. The trial court committed error because it failed to conduct a Neil1 hearing after the defendant objected to the state’s use of peremptory challenges to exclude the only two Afro-Americans on the.venire.

In this case, the defendant objected after the state had used five peremptory challenges, two of which were used to exclude the Afro-Americans on a thirty-member venire.2 The trial court did not conduct a Neil hearing, because Mr. Eichelberger is white and the trial occurred…