State v. Smith

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 of 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.