ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
ROBERT J. GLADWIN, Judge
CHARLES BROWN, JR.
STATE OF ARKANSAS
SEPTEMBER 13, 2006
APPEAL FROM THE WHITE COUNTY
[NO. CR 2005-274]
HON. ROBERT EDWARDS,
Appellant Charles Brown, Jr., appeals his conviction for delivering cocaine. The
appellant’s sole point on appeal is that he was denied a fundamental constitutional right because
the jury panel that convicted him included no persons of his race. We affirm.
The White County Sheriff’s Department worked with a confidential informant who bought
crack cocaine from appellant. Appellant was charged in an information with the crime of
“delivery of a Schedule II Controlled Substance, namely cocaine.” Appellant was brought to trial
on October 12, 2005, and a jury was empaneled from a pool of fifty-four registered voters. After
twelve jurors had been chosen and given the oath, the trial court called for a recess before
testimony began. At that time, appellant objected to having no African-American men or women
on the jury panel. The judge overruled the objection, and the appellant was ultimately convicted.
The transcript states as follows:
MR. SCHMIDT (appellant’s attorney): One other matter, your Honor. At the time that the
panel – jury was empaneled, my client said that he felt that he could not get a fair trial due
to the fact that this is not a trial among his peers, that there’s not a representative of his race
on the jury panel. And I want that noted as a matter of record.
THE COURT: Well, the – there was no motion to strike the jury panel and the Court believes
that to be dispositive of whatever motion it is you’re making here. This jury panel was
picked in accordance with the Arkansas law. It is a panel randomly selected from the pool
of registered voters. The Court did not excuse any African Americans from the jury panel,
either at orientation or at any other time to my knowledge. I will acknowledge that in the