Case Summaries

• Publication year: 1991
• Pages: 30

Case Summaries Vol. 4 No. 10 Pg. 30 Utah Bar Journal December, 1991

Jury Selection and Peremptory Challenges, Racial Motivations

Clark Nielsen, J.

CLARK NIELSEN is a partner in the new firm of Henriod, Henriod and Nielsen. After serving over six years as a staff attorney in Utah's appellate courts, Clark specializes in appellate litigation in all areas of the law and in all appellate courts. He joined the Utah Supreme Court legal staff in 1985. In February 1987, he moved to the new Utah Court of Appeals, assisting in its initial organization and establishment until November 1991. He was a partner at Nielsen and Senior prior to joining the Utah Supreme Court.

Defendant's aggravated arson conviction was remanded for the prosecutor to show a race-neutral basis for his challenge of a prospective juror. Race discriminatory peremptory challenges harm the defendant and affront the legal system. The Utah Supreme Court amplified its decisions in State v. Cantu, 750 P.2d 591 (Utah 1988) and 778 P.2d 517 (Utah 1989). Defendant's objection to a prospective juror challenge is not conditioned upon defendant belonging to the affronted minority race or ethnic group. When a defendant shows that an excluded prospective juror is a member of a cognizable minority group, the burden shifts to the plaintiff to show a race-neutral reason for the exclusion. The court acknowledged the absence of a clear standard to determine a juror's affiliation with a "cognizable minority group." If a plaintiff strikes a juror solely because of a perception that the juror's race or ethnic origin will "make a difference in the juror's weighing of the case" I then a "cognizable minority group" has been established. By so establishing the minority group, it would appear that the defendant has also cut off any opportunity for the prosecution to show a race-neutral basis for the exclusion.

State v. Span, 170 Utah Adv. Rep. 16 (Sept. 30, 1991) (J. Stewart). (Note: Whether a criminal defendant must show a race-neutral basis for his exercise of peremptories is presently pending before the U.S. Supreme Court.)

JURY VOIR DIRE, EXERCISING PEREMPTORIES

In a medical malpractice action, the trial court abused its discretion when, in totality, plaintiffs attorney was not afforded an adequate opportunity in jury voir dire to gain relevant information on the views and attitudes of prospective jurors. Whether plaintiff should have been allowed to inquire regarding exposure to "insurance-crisis" articles requires a balancing of plaintiffs right to an...