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proud2BlibKansan

(96,793 posts)
Sat Dec 29, 2012, 09:54 AM Dec 2012

Murder conviction overturned because juror with Democratic views was dismissed

(Reuters) - Nevada's top court has overturned the murder conviction of a Las Vegas man sentenced to life in prison in the shooting death of his brother-in-law, ruling that a black woman with "Democratic views" was improperly dismissed from the jury pool.

As part of its ruling, the three-judge panel of the state Supreme Court on Thursday ordered a new trial for Jermaine Brass, 28, one of two brothers convicted in the slaying of their sister's husband, Ernest Mitchell, in 2009.

In an appeal of his 2010 conviction on murder, kidnapping and other charges, Brass, who is black, argued successfully that the trial judge improperly excused a prospective juror during jury selection.

Brass contended that the judge, Doug Smith, erred by failing to hold a hearing to determine whether prosecutors' objection to the juror, called a peremptory challenge, was racially motivated, as defense lawyers alleged, before he removed her.

More ... http://mobile.reuters.com/article/idUSBRE8BS02L20121229?irpc=932

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