J.E.B. v. State ex rel. T.B.
| Decision Date | 05 June 1992 |
| Citation | 606 So.2d 156 |
| Parties | J.E.B. v. STATE of Alabama ex rel. T.B. 2910210. |
| Court | Alabama Court of Civil Appeals |
John F. Porter III of Livingston, Porter & Paulk, P.C., Scottsboro, for appellant.
William Prendergast and Lois Brasfield, Asst. Attys. Gen., for appellee.
L. CHARLES WRIGHT, Retired Appellate Judge.
The State of Alabama, on behalf of T.B. (mother), filed a complaint for paternity and child support against J.E.B. (father) in the District Court of Jackson County. After a hearing the district court entered an order adjudicating paternity and ordered the father to pay child support. The father filed notice of appeal to the circuit court. A jury trial was held. The jury returned a verdict in favor of the mother. The trial court entered an order accordingly. The father appeals.
Initially the father asserts that the trial court erred in overruling the father's objection to the State's peremptory jury strikes based on his allegation that the State's strikes were based entirely on gender.
The father insists that the State improperly used its peremptory strikes to purposefully eliminate men from the jury. He suggests that such actions were in violation of his rights to equal protection and due process. He requests that this court extend the Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), principle, which prohibits peremptory strikes based solely upon race, to include gender-based strikes.
This issue has previously been addressed by the court of criminal appeals and the supreme court. Fisher v. State, 587 So.2d 1027 (Ala.Crim.App.), cert. denied 587 So.2d 1039 (Ala.1991); Daniels v. State, 581 So.2d 536 (Ala.Crim.App.1990), cert. denied 581 So.2d 541 (Ala.1991); Dysart v. State, 581 So.2d 541 (Ala.Crim.App.1990), cert. denied 581 So.2d 545 (Ala.1991). The supreme court recently revisited the issue in Ex parte Murphy, 596 So.2d 45 (Ala.1992), and declined to extend the Batson principle to gender-based strikes. We must follow the decisions of the supreme court. § 12-3-16, Code 1975.
The father next contends that the blood test results should have been excluded because the State failed to establish a proper chain of custody. He specifically asserts that the phlebotomist's failure to testify was fatal to the admissibility of the blood test results.
Dr. Leigh Ann Harman, the supervisor of the University of Alabama at Birmingham Immunogenetics/DNA Diagnostic Laboratory, testified that along with the blood samples she received an Immunogenetics/DNA Diagnostic Laboratory Paternity Chain of Custody Document. The document was developed in order to allow the supervisor to confirm the chain of custody without having to bring numerous laboratory personnel to court. Dr. Harman thoroughly discussed the document and its safety devices. She testified in detail as to her laboratory's procedures for drawing blood samples and assuring proper identification of both the individuals having the test and the blood samples drawn from those individuals. She testified that once the blood samples were received by the laboratory they were checked for any sign of tampering. She stated that there was no sign of tampering, that the box was...
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J.E.B v. Alabama ex rel T.B.
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...The Court has recently granted a writ of certiorari to determine whether Batson applies to gender-based discrimination. J.E.B. v. State (Ala.App.1992), 606 So.2d 156, cert. granted, J.E.B. v. T.B. (1993), 508 U.S. 905, 113 S.Ct. 2330, 124 L.Ed.2d 242.9 Our recent holding that Batson applies......
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...sufficient to preserve the issue for review.2 The United States Supreme Court recently granted certiorari in J.E.B. v. State ex rel. T.B., 606 So.2d 156 (Ala.Ct.Civ.App.1992), cert. granted, --- U.S. ----, 113 S.Ct. 2330, 124 L.Ed.2d 242 (1993), where the Alabama Court of Civil Appeals decl......
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...at 100. 113. 511 U.S. 127 (1994). 114. J.E.B. v. Alabama ex rel. T.B., 511 U.S. 127, 128-29 (1994). 115. J.E.B. v. Alabama ex rel. T.B., 606 So.2d 156 (Ala. Civ. App. 1992). 116. J.E.B., 511 U.S. at 129. 117. Id. at 129. 118. Id. 119. Id. 120. Id. 121. J.E.B., 606 So.2d at 156. 122. Id. at ......
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