Defendant Bob Smith is an African-American male accused of murdering a white female in an apartment burglary. During the jury selection process, Prosecutor Mary Green exercises only two peremptory challenges, excusing from service the only two African-Americans sitting in the jury. An all-white jury is eventually empanelled, and Defendant Smith is convicted of first-degree murder, with life imprisonment imposed as punishment.

After the jury verdict is announced, Prosecutor Green is questioned by the local media concerning her exercise of the peremptory challenges. Prosecutor Green explains that race was not a factor in her decision, but that the two potential jurors were excused "because they had visible tattoos, and as a matter of practice, I do not want individuals with visible tattoos serving on my jury."

On appeal, should the appellate court: 1) deem Prosecutor Green's actions reversible error and remand the case to the trial court level to be retried; 2) vacate (nullify) the jury verdict and dismiss the charges against Defendant Smith; or 3) allow the conviction to stand? Should prosecutors be allowed to consider race as a factor in the jury selection process? Gender? Age?