STATE v. JENKINS


861 A.2d 827 (2004)

182 N.J. 112

STATE of New Jersey, Plaintiff-Appellant, v. Leardee D. JENKINS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 16, 2004.


Attorney(s) appearing for the Case

Carol M. Henderson, Assistant Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Linda Mehling, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).


Justice ALBIN delivered the opinion of the Court.

In this case, a distraught juror advised the trial court during a break in deliberations that she could not follow the court's instructions on the law and render a verdict based on the evidence free of "passion, prejudice, bias, or sympathy." The juror explained that she was a "black woman," that defendant reminded her of her own children, and that she could not "see another young black man going to jail for something...

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