STATE v. KATZORKE

No. 2 CA-CR 89-0260.

167 Ariz. 599 (1990)

810 P.2d 597

The STATE of Arizona, Appellee, v. Gene Edward KATZORKE, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Reconsideration Denied December 28, 1990.

Review Denied May 21, 1991.


Attorney(s) appearing for the Case

Robert K. Corbin, The Atty. Gen. by Jessica Gifford Funkhouser and Bruce M. Ferg, Tucson, for appellee.

Susan A. Kettlewell, Pima County Public Defender by Frank P. Leto, Tucson, for appellant.


OPINION

LIVERMORE, Presiding Judge.

Defendant was convicted of negligent homicide and negligent child abuse for the death of his wife's nine-month-old child. Because of an error in the jury selection process, we reverse.

The prosecutor used a peremptory challenge to remove the only black juror. Defense counsel objected, citing Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), a case holding...

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