Legal Opinion

State v. Osorio

Supreme Court of New Jersey

Decided July 2, 2009No. A-59 September Term 2008PublishedCited by 20 opinions

1Opinion of the CourtJustice Rivera-Soto

One of our most cherished rights is the right to trial by a fair and impartial jury. We zealously guard that right by, among other things, requiring that the jury selection process be free of racial or ethnic taint. When it has been discerned that impermissible bias has infected the selection of a jury, we have not hesitated to excise that cancer and require a new trial, one where prejudice and hatred have no place.

We refine slightly the methodology to be applied in gauging bias claims in the jury selection process, reaffirming that a three-step process must be employed whenever it has been…

2Cases cited11 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Batson v. KentuckySupreme Court of the United States · 1986
  4. People v. WheelerCalifornia Supreme Court · 1978
  5. Johnson v. CaliforniaSupreme Court of the United States · 2005

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3Cited by20 opinions

  1. State v. Saladin Thompson(074971)Supreme Court of New Jersey · 2016
  2. In re StateNew Jersey Superior Court Appellate Division · 2012
  3. Clausell v. SherrerCourt of Appeals for the Third Circuit · 2010
  4. State v. Amir Andrews (069594)Supreme Court of New Jersey · 2013
  5. State of New Jersey v. Saladin ThompsonNew Jersey Superior Court Appellate Division · 2014

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