Anthony PELLEGRINO, Individually and as Personal Representative of the Estate of Shirley Ann Pellegrino, Plaintiffs-Appellees,
v.
AMPCO SYSTEM PARKING, Defendant-Appellant.
Supreme Court of Michigan.https://leagle.com/images/logo.png
Argued March 9, 2010.
Decided June 28, 2010.
Attorney(s) appearing for the Case
Fieger, Fieger, Kenney, Johnson & Giroux, PC (by Geoffrey N. Feiger, Robert M. Giroux, Jr., and Heather A. Jefferson), Southfield, for plaintiffs.
Jacobs and Diemer, P.C. (by John P. Jacobs and Timothy A. Diemer), Detroit, for defendant.
Candace A. Crowley and Clifford T. Flood for amicus curiae the State Bar of Michigan.
Clark Hill PLC (by James E. Brenner) for amicus curiae Michigan Defense Trial Counsel.
Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, and Daniel M. Levy, Special Assistant Attorney General, for amici curiae the Civil Rights Commission and the Department of Civil Rights.
Supreme Court of Michigan.
Opinion
MARKMAN, J.
This case raises the question whether, absent a finding that a peremptory challenge is barred by Batson v. Kentucky,476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), because it is motivated by race, a trial court may nevertheless deny a party the use of a peremptory challenge on the basis of the court's desire to attain a racially proportionate jury....
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