1 CA-SA 94-0310 Precedential Processed

State Ex Rel. Romley v. Superior Court

Arizona Court of Appeals · Filed February 7, 1995 · 889 P.2d 629

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Opinion text

KLEINSCHMIDT, Judge, concurring: I concur in the result the majority reaches because I believe the law does require a prima facie showing of discrimination before the trial judge can require counsel to explain the reason for exercising a peremptory challenge. Because, as I said in my concurring opinion in State v. Jordan, 171 Ariz. 62, 67 , 828 P.2d 786, 791 (1992), this need for a prima facie showing sets too high a hurdle to the eradication of discrimination, were I free to do so I would decline jurisdiction in this case and allow trial judges to proceed as did the judge here.