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Ky Supreme Court: Judges Can't Dismiss Jury Over Lack of Racial Diversity

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The Kentucky Supreme Court says judges don't have authority to dismiss randomly selected jury panels because of a lack of racial diversity. 

Its unanimous ruling Thursday stems from a decision by Jefferson County Circuit Judge Olu Stevens to dismiss a nearly all-white jury in a case involving a black defendant.

The high court says giving judges such power would be "short-sighted." It says different judges would have different ideas about what constitutes fairly composed juries. Prosecutors asked the Supreme Court to take up the issue. 

The case set off a feud between Stevens and Jefferson County Commonwealth's Attorney Tom Wine.

Stevens accused Wine of trying "to protect the right to impanel all-white juries." Wine denied the claim, and Stevens later was suspended for 90 days by a judicial conduct commission.

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