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Editor's note: opinion released April 28, 2000

SUPREME COURT OF LOUISIANA

No. 99-K-3283 STATE OF LOUISIANA v. CHRISTOPHER DEROUSELLE

On Writ of Certiorari to the Fourth Circuit Court of Appeal

PER CURIAM:* Granted. The decision of the Fourth Circuit is reversed

and this case is remanded to the court of appeal for consideration of the defendant's remaining assignments of error. Peremptory challenges must be exercised before the swearing of the jury panel, La.C.Cr.P. art. 795(B)(1), and the information disclosed by the juror on the second day of trial, while revealing a potential source of bias, did not necessarily provide the state grounds for a cause challenge. We therefore agree with the court of appeal that the trial judge could not, at that stage of the proceedings, properly grant the state one of its peremptory challenges remaining at the close of jury selection. Nevertheless, the result reached A trial judge has

by the trial court was authorized by law.

the discretion to replace a juror with an alternate upon finding that the juror has "become unable to perform or disqualified from performing" his or her duty. art. 789. La.C.Cr.P.

In the present case, the trial court found that the

Lemmon, J., not on panel. II,

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