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Defense urges Court of Appeals to reverse juror strike in Robert Clifton appeal; state disputes racial‑bias claim
Summary
At oral argument in the Court of Appeals Division 1, defense attorney Aaron Moody urged reversal under GR 37, saying the prosecutor’s peremptory strike of juror 104 had a discriminatory effect on the jury; state attorney Gabriel Jacobs argued the record supports a race‑neutral explanation and asked the court to affirm. The court took the matter under submission.
At oral argument before the Court of Appeals Division 1, defense attorney Aaron Moody asked the panel to reverse a trial court ruling under GR 37, saying the prosecutor’s peremptory strike of juror 104 had the effect of excluding perspectives needed to ensure equal protection. "Mr. Clifton is a black man accused of [redacted] assaulting a white woman," Moody said, urging the court to apply the GR 37 objective‑observer standard and review the totality of voir dire.
Moody told the court the record shows the prosecutor relied on juror 104’s status as an attorney as a race‑neutral reason, but argued that reason was pretextual given the voir dire exchanges and the composition of the seated panel. He pointed to…
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