State v. Bankhead

In State v. Bankhead, 727 P.2d 216 (Utah 1986), the Court considered the timeliness of a challenge to the composition of the jury. The defendant, who was African American, argued that her constitutional rights had been violated because the jury selected to try her case did not include any members of her race. Id. at 217. She moved to quash the jury panel, but not until all of the evidence had already been admitted. Id. Citing section 78-46-16(1) of the Utah Code, we held that the defendant's objection was waived because "any challenge to the jury must be lodged before the jury is sworn." Bankhead, 727 P.2d at 217. The Court also cited the United States Supreme Court's decision in Taylor v. Louisiana, 419 U.S. 522 (1975), noting that under Taylor a litigant does not have a Sixth Amendment right to a jury that is a perfect cross section of the community but is entitled to a jury selected from a venire that represents a cross section of the community. Bankhead, 727 P.2d at 217.