Court Cases

The ACLU of Nevada filed an amicus brief urging the Nevada Supreme Court to strengthen its interpretation of the Equal Rights Amendment to prevent racial discrimination within the courts. A Batson challenge is an objection raised by a lawyer during jury selection when they believe the other side is excluding a potential juror because of their race. Under the Nevada Supreme Court decision in Dixon v. State, Batson challenges are not applicable when the excluded juror is an alternate who did not actively deliberate. Our amicus argues that the Batson process should prohibit a party from striking a juror if that party offers a race-based justification, even if that juror would have been an uncalled alternate. Ultimately, the panel of judges decided that it was a harmless error, a decision unfavorable to our amicus brief.