STATE v. SMITH, 2004-1304 (La. 12/10/04); 888 So.2d 837

STATE of Louisiana v. Bobby SMITH.

No. 2004-KO-1304.Supreme Court of Louisiana.
December 10, 2004.

In re Smith, Bobby; — Defendant; Applying for Writ of Certiorari and/or Review, Parish of E. Baton Rouge, 19th Judicial District Court Div. A, No. 10-99-468; to the Court of Appeal, First Circuit, No. 2003 KA 1263.

Denied.

CALOGERO, C.J., would grant to consider relator’s claims: (1) the state introduced for impeachment purposes prior inconsistent statements made by two co-perpetrators and then improperly used them as substantive evidence of relator’s guilt, see State v. Cousin, 96-2973 (La. 4/14/98), 710 So.2d 1065, and (2) the State improperly used its peremptory challenges to remove African-American jurors from the jury panel in violation o Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69
(1986).

JOHNSON, J., would grant the writ.

WEIMER, J., would grant the writ.

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