Supreme Court of Louisiana, 2014

State v. Smith

State v. Smith
Supreme Court of Louisiana · Decided May 17, 2014
139 So. 3d 1029; 2014 WL 2609298; 2014 La. LEXIS 1271 (Southern Reporter, Third Series)

State v. Smith

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 378-343; to the Court of Appeal, Fourth Circuit, No. PENDING.

Writ granted. The Court of Appeal’s ruling is reversed. Its ruling broadens the Knighten rule, and the ruling itself is premature because (1) the State has not moved to strike a juror, (2) the defendant has not made a Batson challenge, and (3) the State has not offered a prospective juror’s criminal record as reason for striking a juror. Further proceedings shall be conducted consistent with this ruling.

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