Sashner v. State
Decision Date | 25 November 1986 |
Docket Number | 1 Div. 339 |
Citation | 500 So.2d 1322 |
Parties | Willie Lee SASHNER v. STATE. |
Court | Alabama Court of Criminal Appeals |
C. MacLeod Fuller, Mobile, for appellant.
Charles A. Graddick, Atty. Gen., and Robert B. Rinehart, Asst. Atty. Gen., for appellee.
Willie Lee Sashner was convicted for the murder of his wife, Elnora James, and sentenced to life imprisonment. On appeal from that conviction, Sashner argues that the assistant district attorney improperly attempted to strike all blacks from the jury in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). That case holds that "[T]he Equal Protection Clause forbids the prosecutor to challenge potential jurors solely on account of their race or on the assumption that black jurors as a group will be unable impartially to consider the State's case against a black defendant." Batson, 476 U.S. at ----, 106 S.Ct. at 1719.
On appeal, Sashner recognizes that the record is "somewhat vague, ambiguous, inadequate, and unclear." Appellant's brief, p. 5. That record shows that the jury was selected without objection:
The State presented most of its case before that "first recess" was held.
Defense counsel did not further pursue this issue and did not request a ruling on his motion. Without an adverse ruling from the trial court there is nothing for this Court to review. Showers v. State, 407 So.2d 169, 171 (Ala.1981); Small v. State, 348 So.2d 507, 509 (Ala.1977); Caldwell v. State, 282 Ala. 713, 717, 213 So.2d 919 (1968).
Additionally, we hold that the mere allegation that the prosecutor "used all her strikes to try to eliminate all of the blacks off the jury" does not constitute a prima facie showing of discriminatory selection of the venire. That standard is articulated in Batson, 476 U.S. at ----, 106 S.Ct. at 1722-23:
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Finch v. State, 5 Div. 76
...State, 496 N.E.2d 29, 31 (Ind.1986) (general objection without reason; number and race of stricken jurors unknown). In Sashner v. State, 500 So.2d 1322 (Ala.Cr.App.1986), we held that 'the mere allegation that the prosecutor "used all her strikes to try to eliminate all of the blacks off th......
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Swain v. State, 7 Div. 680
...State, 496 N.E.2d 29, 31 (Ind.1986) (general objection without reason; number and race of stricken jurors unknown). In Sashner v. State, 500 So.2d 1322 (Ala.Cr.App.1986), we held that "the mere allegation that the prosecutor 'used all her strikes to try to eliminate all of the blacks off th......
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Kent v. State, 7 Div. 572
...90 L.Ed.2d 69 (1986), "[w]ithout an adverse ruling from the trial court, there is nothing for this Court to review." Sashner v. State, 500 So.2d 1322 (Ala.Cr.App.1986). III. The appellant contends that the trial court erred in denying his motion for a judgment of acquittal on the charge of ......
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Davis v. State
...Branch, 526 So.2d at 626, it "does not constitute a prima facie showing of discriminatory selection of the venire." Sashner v. State, 500 So.2d 1322, 1323 (Ala.Cr.App.1986) . It should, however, "raise an inference" that the potential jurors were excluded because of race. See United States ......