Carrick v. State
Decision Date | 16 November 1990 |
Citation | 580 So.2d 31 |
Parties | James CARRICK v. STATE. CR 89-287. |
Court | Alabama Court of Criminal Appeals |
Boyd Campbell, Montgomery, for appellant.
Don Siegelman, Atty. Gen., and James F. Hampton, Asst. Atty. Gen., for appellee.
James Carrick was convicted of robbery in the first degree, in violation of § 13A-8-41, Code of Alabama 1975. The trial court sentenced the appellant pursuant to the Alabama Habitual Felony Offender Act to life imprisonment without parole.
The appellant, a black male, claims that he was unconstitutionally denied a fair trial, relying on the holding of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Defense counsel timely objected to the jury panel based on the State's alleged discriminatory use of its peremptory challenges, in violation of Batson v. Kentucky, supra, and Ex parte Branch, 526 So.2d 609 (Ala.1987). The trial court apparently found that the defense had established a prima facie case of racial discrimination and required the prosecutor to state the reasons for his strikes, and the following reasons were given:
The trial court found all of the reasons racially neutral and overruled defense counsel's objection. On motion for new trial, the defense contended that it was a mere sham for the prosecutor to strike a black male veniremembers who was 23 years old and near the defendant's age while not striking a white female who was 27 years old.
In Powell v. State, 548 So.2d 590, 593 (Ala.Cr.App.1988), this court took note of what the Alabama Supreme Court observed in Ex parte Branch:
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Powell v. State
...the failure to strike white venirepersons who share the same characteristics as black venirepersons who were struck. See Carrick v. State, 580 So.2d 31 (Ala.Cr.App.1990); Acres v. State, 548 So.2d 459 (Ala.Cr.App.1987). See also State v. Butler, 731 S.W.2d 265 (Mo.App.1987) (strike of black......
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Yancey v. State
...it highly relevant to consider `whether similarly situated white veniremen escaped the State's challenges.'" In Carrick v. State, 580 So.2d 31, 32 (Ala. Crim.App.1990), we "In the instant case, the State engaged in the type of disparate treatment denounced in Branch. See also Acres v. State......
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Rice v. State
...it highly relevant to consider "whether similarly situated white veniremen escaped the State's challenges." ’"In Carrick v. State, 580 So.2d 31, 32 (Ala.Crim.App.1990), we stated:" ‘In the instant case, the State engaged in the type of disparate treatment denounced in Branch. See also Acres......
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Preachers v. State, CR-04-2544.
...it highly relevant to consider "whether similarly situated white veniremen escaped the State's challenges."' "In Carrick v. State, 580 So.2d 31, 32 (Ala.Crim.App.1990), we "`In the instant case, the State engaged in the type of disparate treatment denounced in Branch. See also Acres v. Stat......