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STATE v. OSORIO

A-59 September Term 2008

973 A.2d 365 (2009)

199 N.J. 486

STATE of New Jersey, Plaintiff-Appellant, v. Oscar OSORIO, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 2, 2009.

Attorney(s) appearing for the Case

Barbara A. Rosenkrans, Assistant Prosecutor, argued the cause for appellant (Paula T. Dow, Essex County Prosecutor, attorney).

Diane M. Toscano, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Leslie-Ann M. Justus, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Anne Milgram, Attorney General, attorney).

Alison S. Perrone argued the cause for amici curiae American Civil Liberties Union of New Jersey and Association of Criminal Defense Lawyers of New Jersey (Ms. Perrone, attorney; Ms. Perrone, Edward L. Barocas, Jeanne M. Locicero, Nadia N. Seeratan, and John C. Whipple, Morristown, on the brief).

Justice RIVERA-SOTO delivered the opinion of the Court.

One of our most cherished rights is the right to trial by a fair and impartial jury. We zealously guard that right by, among other things, requiring that the jury selection process be free of racial or ethnic taint. When it has been discerned that impermissible bias has infected the selection of a jury, we have not hesitated to excise that cancer and require a new trial, one where prejudice and hatred have no...

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