Insley v. State
Citation | 600 So.2d 448 |
Parties | Neal Benson INSLEY v. STATE. CR 90-888. |
Decision Date | 29 May 1992 |
Court | Alabama Court of Criminal Appeals |
On original submission, this case was remanded for the trial court to conduct a hearing pursuant to Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Ex parte Branch, 526 So.2d 609 (1987). Insley v. State, 591 So.2d 589, 590 (Ala.Cr.App.1991).
At that hearing, the appellant's counsel, who was not trial counsel and who admitted that he was not present for the jury voir dire and the selection of the jury, argued that the prosecution used its peremptory strikes against two of the three black veniremembers. The prosecutor who tried the case argued that there were five blacks on the 34-member venire; that each party had 11 strikes; and that each party struck two black veniremembers. It is undisputed that one black served on the jury.
Although finding that the appellant had not established a prima facie case of discrimination, the trial judge, in "an abundance of caution," requested the prosecutor to state his reasons for striking the two black veniremembers. R. 9. The prosecutor objected and responded:
The trial judge then denied the appellant's motion.
The trial court correctly found that the appellant had failed to establish a prima facie case of racial discrimination in the prosecutor's use of his peremptory strikes. ...
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Williams v. State
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McPherson v. State, CR-91-1669
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Yeomans v. State, CR-92-0795
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