Hardison v. State

DICKINSON, Presiding Justice,

for the Court:

¶ 1. The trial judge erroneously denied the accused a peremptory strike by holding that a juror’s previous service on a jury in a criminal case was not a race-neutral reason for the strike. During voir dire, the juror had expressed regret that the jury was unable to reach a verdict. We reverse and remand for a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2. When, at the beginning of Merlin Hardison’s armed-robbery trial, his counsel exercised a peremptory strike on a juror, the State raised a Batson1 challenge. The trial judge required Hardi-son’s…