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STATE v. FULLER

862 A.2d 1130 (2004)

182 N.J. 174

STATE of New Jersey, Plaintiff-Respondent, v. Lloyd FULLER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Frank J. Pugliese, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Ronald K. Chen argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Frank Askin, Director, Rutgers Constitutional Litigation Clinic, attorney; Edward L. Barocas, West Orange, and J.C. Salyer, of counsel and on the brief).

Stephen M. Latimer, Hackensack, submitted a brief on behalf of amicus curiae The Rutherford Institute (Loughlin & Latimer, attorneys).

Chief Justice PORITZ delivered the opinion of the Court.

This appeal raises the question whether a prosecutor may use peremptory challenges to excuse a potential juror who wears clothing associated with a religious group or who indicates in voir dire that he has worked as a missionary. During jury selection for defendant's trial, the prosecutor used four of his first five peremptory challenges to excuse African-American...

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