Defendant appealed from his conviction of attempted first-degree murder of a police officer, challenging the State’s use of peremptory challenges to exclude five black venirepersons during jury selection in violation of the equal protection clause. In a prior appeal, the appellate court had remanded for second and third stage proceedings under Batson and on remand the trial court concluded that defendant failed to establish that the State acted with purposeful discrimination. The appellate court reversed defendant’s conviction, vacated his sentence, and ordered a new trial, finding that the record established the State used a peremptory challenge to exclude a venireperson based on race in violation of the equal protection clauses of the state and federal constitutions. (ODEN JOHNSON and HYMAN, concurring)
Illinois Appellate Court
Criminal Court
Jury Selection