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This impermissible presumed group bias is distinguishable from a prosecutor’s exclusion of members of a cognizable group for valid, articulated, trial-related reasons.
The latter is illustrated by Weathersby v. Morris, where the Ninth Circuit held permissible a prosecutor’s peremptory challenges of black potential jurors because he believed they would be subject to intimidation by the Black Guerilla Family, a black prisoner’s gang. (The defendant was charged with the murder of a prison inmate, and the prosecutor was aware that members of the Black Guerilla Family were parolees in the geographical area where the trial was being held.)
State v. Gilmore, 103 N.J. 508 (1986). 511 A.2d 1150. The Supreme Court of New Jersey. Argued February 19, 1986. Decided July 16, 1986.
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