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STATE v. GILMORE

199 N.J. Super. 389 (1985)

489 A.2d 1175

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CURTIS GILMORE, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Remanded May 21, 1984.

Reargued October 17, 1984.

Decided March 8, 1985.

Attorney(s) appearing for the Case

Martin L. Greenberg argued the cause for appellant (Greenberg, Margolis, Ziegler & Schwartz, attorneys; Richard E. Mischel and Stephen M. Holden, on the briefs).

Alan A. Sant'Angelo, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

Before Judges MATTHEWS, J.H. COLEMAN and GAULKIN.

The opinion of the court was delivered by J.H. COLEMAN, J.A.D.

As we noted in our remand decision, the crucial question presented in this appeal is whether defendant's constitutional right to an impartial jury was violated by the assistant prosecutor's exclusion of all black prospective petit jurors by the use of peremptory challenges. We conclude that the assistant prosecutor systematically excluded all black prospective petit jurors based on group association, rather...

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