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STATE v. ANDREWS

A-105 September Term 2011, 069594

78 A.3d 971 (2013)

216 N.J. 271

STATE of New Jersey, Plaintiff-Appellant, v. Amir A. ANDREWS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided October 28, 2013.

Attorney(s) appearing for the Case

Stephen A. Pogany, Special Deputy Attorney General Acting Assistant Prosecutor, argued the cause for appellant (Carolyn A. Murray, Acting Essex County Prosecutor, attorney).

Lon Taylor, Assistant Deputy Public Defender, argued the cause for respondent (Joseph E. Krakora, Public Defender, attorney).

Frank J. Ducoat, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Jeffrey S. Chiesa, Attorney General, attorney).

Judge CUFF (temporarily assigned) delivered the opinion of the Court.

In 1986, the United States Supreme Court held that a prosecutor could not peremptorily challenge potential jurors solely on account of their race. Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Subsequently, the Court held that it is also unconstitutional for the defendant in a criminal case to utilize peremptory challenges to...

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