Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LAMARR ABDUL BARRON, Defendant-Appellant.

UNPUBLISHED March 22, 2005

No. 251402 Wayne Circuit Court LC No. 02-011466-01

Before: Smolenski, P.J., and Saad and Bandstra, JJ. PER CURIAM. Defendant was convicted by a jury of one count of first-degree criminal sexual conduct (CSC I), MCL 750.520(b). He was sentenced to 72 months' to 20 years' imprisonment. Defendant appeals as of right. We reverse and remand for a new trial. The critical issue in this appeal involves the jury selection process and defendant's use of his peremptory challenges. During jury selection, after the prosecutor had exercised eight peremptory challenges and defendant had utilized eleven, the trial court announced that a jury had been selected. Defendant objected, asserting that he still had one remaining peremptory challenge that he wished to use. The court disagreed, stating that defendant had used all of his allotted peremptory challenges, and impaneled the jury as it then existed. On appeal, defendant argues that the trial court committed error mandating reversal when it permitted him to exercise only eleven of his twelve statutorily permitted peremptory challenges.1 This Court reviews alleged violations of the proper jury selection process de novo. People v Schmitz, 231 Mich App 521, 528; 586 NW2d 766 (1998). A criminal defendant has a constitutional right to be tried by a fair and impartial jury. US Const, Am VI; Const 1963, art 1,

Download PEOPLE OF MI V LAMARR ABDUL BARRON.pdf

Michigan Law