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Michigan Supreme Court Lansing, Michigan

Opinion
ANTHONY PELLEGRINO, Individually and as Personal Representative of the Estate of SHIRLEY ANN PELLEGRINO, Plaintiffs-Appellees, v AMPCO SYSTEM PARKING, Defendant-Appellant.

Chief Justice:

Justices:

Marilyn Kelly

Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway

FILED JUNE 28, 2010

No. 137111

BEFORE THE ENTIRE BENCH MARKMAN, J. This case raises the question whether, absent a finding that a peremptory challenge is barred by Batson v Kentucky, 476 US 79; 106 S Ct 1712; 90 L Ed 2d 69 (1986), because it is motivated by race, a trial court may nevertheless deny a party the use of a peremptory challenge on the basis of the court's desire to attain a racially proportionate jury. We hold that such a denial violates the rule of Batson that jurors must be

"indifferently chosen" and is therefore in violation of both the equal protection guarantees of the federal and state constitutions, US Const, Am XIV,

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Michigan Law