State v. Andrews, A-105 September Term 2011; Supreme Court; opinion by Cuff, P.J.A.D., temporarily assigned; decided October 28, 2013. On certification to the Appellate Division. [Sat below: Judges Fuentes, Harris and Koblitz in the Appellate Division; Judge St. John in the Law Division.] DDS No. 14-1-1772 [36 pp.]
Defendant Amir Andrews was indicted in connection with the shooting of two women at a market in Newark. During jury selection, the prosecutor complained in a sidebar conference that defendant was impermissibly striking jurors based on their race. Noting that defendant had struck seven white jurors and two black jurors, the trial judge found that the state had established a prima facie case of using peremptory challenges to excuse jurors based on their race and told defense counsel that he must articulate a rational, articulable reason when exercising any other peremptory challenge. When he could not do so after exercising a peremptory challenge to excuse an Hispanic juror, the court seated the juror over defense counsel’s objection and completed jury selection.
