Morgan (John) vs. State (Nev. Supreme Ct. – May 3, 2018)

The State used a peremptory challenge to strike a prospective juror, an identifiably gay member. The defendant made a Batson challenge against the State’s strike based on sexual orientation.

On October 30, 2014, Maria was working as a manager at an AM/PM convenience store when she saw a man grab a package of mixed nuts and put them into his pocket. Maria approached the man while he was at the checkout counter trying to pay for another item and asked him if he could please take out what he had placed into his pocket. The man told Maria to “get the f_ _ _ out of [his] face,” and as she backed up in response, he approached and hit her in the chest. Maria fell to the ground, got up, and hit the man’s backpack with a stick as he left the store. The man’s backpack ripped and containers of soup fell out. Maria called the police and indicated where the man departed. Police detained the man and identified him as Morgan. The State then charged Morgan by way of criminal complaint and information with one count of robbery and one count of battery with intent to commit a crime.

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