Burgess v. State

The defendant appeals from his conviction for battery on a law enforcement officer. He argues that the trial court erred in: (1) failing to make any genuineness findings concerning the state’s peremptory challenges to certain prospective jurors; and (2) prohibiting him from speaking with his counsel during a recess which the state requested during defense counsel’s direct examination of him. We agree with both arguments and reverse for a new trial.

On the first argument, the state exercised five peremptory challenges on prospective black jurors, thereby eliminating all prospective black…