Commonwealth v. Tourscher

POPOVICH, Judge:

Herein, among the issues with which we are presented is the unusual question of whether the prosecution may strike prospective jurors solely on the basis of gender in an effort to insure a fair and impartial jury for the defendant. After careful review, we conclude that appellant’s constitutional rights under J.E.B. v. Alabama, 511 U.S. 127, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994), were violated, despite the prosecution’s apparently noble reasoning behind the use of its peremptory challenges. Accordingly, we find that appellant is entitled to a new trial.

On appeal from the…