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STATE v. SILVA

No. 82A05-9503-PC-87.

668 N.E.2d 718 (1996)

STATE of Indiana, Appellant-Respondent, v. Jacinto SILVA, Appellee-Petitioner.

Court of Appeals of Indiana.

June 26, 1996.

Attorney(s) appearing for the Case

Pamela Carter, Attorney General of Indiana, Jodi Kathryn Rowe, Deputy Attorney General, Indianapolis, for Appellant.

Robert Canada, Evansville, for Appellee.

OPINION

RUCKER, Judge.

After a jury trial Jacinto Silva was found guilty of rape. He subsequently filed a petition for post-conviction relief contesting the State's use of its peremptory challenges. Apparently the State had intentionally and purposefully excluded men from the jury. The post-conviction court granted the petition and the State of Indiana now appeals contending the court erred in so doing. We agree and therefore reverse.

On May 24,...

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