STATE OF NEW JERSEY, PLAINTIFF-APPELLANT,
v.
CURTIS GILMORE, JR., DEFENDANT-RESPONDENT.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued February 19, 1986.
Decided July 16, 1986.
Attorney(s) appearing for the Case
Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for appellant (John H. Stamler, Union County Prosecutor, attorney).
Martin L. Greenberg argued the cause for respondent (Greenberg, Margolis, Ziegler & Schwartz, attorneys).
Abbie P. Maliniak, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney).
Peter B. Meadow, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender (Thomas S. Smith, Jr., Acting Public Defender, attorney).
Theodore V. Wells, Jr., and Robert L. Krakower, submitted a brief on behalf of amicus curiae New Jersey Association of Criminal Defense Lawyers (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys).
The Supreme Court of New Jersey.
The opinion of the Court was delivered by GARIBALDI, J.
This appeal presents the issue whether a prosecutor's use of peremptory challenges to exclude every black potential petit juror violates a defendant's constitutional right to trial by an impartial jury drawn from a representative cross-section of the community. This is a question of first impression for us. We hold that Article I, paragraphs 5, 9, and 10 of the New Jersey...
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