Legal Opinion

State v. Lowe

Nebraska Supreme Court

Decided April 9, 2004No. S-03-445PublishedCited by 6 opinions

1Opinion of the CourtMcCormack, J.

NATURE OF CASE

In his appeal from a criminal conviction, James Lowe contends that the trial court erred when it rejected his claim of discrimination in the use of a peremptory challenge employed by the prosecution. Lowe claims that several male jurors were struck from the venire because of gender in violation of the Equal Protection Clause of the U.S. Constitution.

BACKGROUND

An information was filed in this case on December 18, 2002, charging Lowe with sexual assault of a child, a Class IIIA felony, pursuant to Neb. Rev. Stat. § 28-320.01(2) (Cum. Supp. 2002). The case proceeded to trial, and…

2Cases cited29 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Arizona v. FulminanteSupreme Court of the United States · 1991
  3. Hernandez v. New YorkSupreme Court of the United States · 1991
  4. Powers v. OhioSupreme Court of the United States · 1991
  5. Taylor v. LouisianaSupreme Court of the United States · 1975

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3Cited by6 opinions

  1. State v. RobinsonNebraska Supreme Court · 2006
  2. State v. ThorpeNebraska Supreme Court · 2010
  3. State v. MarshallNebraska Supreme Court · 2005
  4. State v. WalkerNebraska Supreme Court · 2006
  5. State v. ClarkNebraska Supreme Court · 2024

1 more not listed; retrieve them via the Exa API.

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