Yelder v. State, 3 Div. 95
Decision Date | 15 November 1991 |
Docket Number | 3 Div. 95 |
Parties | Timothy John YELDER v. STATE. |
Court | Alabama Court of Criminal Appeals |
The appellant, Timothy John Yelder, was convicted of rape in the first degree and burglary in the first degree. On the authority of Ex parte Yelder, 575 So.2d 137 (Ala.1991), we remanded this case to the Circuit Court for Montgomery County so that that court could hold a hearing on the appellant's Batson 1 claim. 596 So.2d 595. The circuit court held a Batson hearing and filed with this court its findings as to the reasons given by the prosecution for its peremptory strikes of black veniremembers. The prosecution gave the following reasons, as quoted from the court's findings:
The striking of a prospective juror because he has prior convictions is a valid race-neutral reason. Yelder v. State [3 Div. 212, October 11, 1991], 1991 WL 238088 (Ala.Cr.App.1991); Jackson v. State, 549 So.2d 616 (Ala.Cr.App.1989). "The fact that a veniremember is evasive or ambiguous in answering questions on voir dire is certainly a valid reason for striking that member from the venire." Mitchell v. State, 579 So.2d 45, 49 (Ala.Cr.App.1991). "The fact that a veniremember knew one of the lawyers involved in the case is a valid race-neutral reason for striking that juror." Yelder, 1991 WL 238088, * 8; Strong v. State, 538 So.2d 815 (Ala.Cr.App.1988). The fact that a family member of the prospective juror has been prosecuted for a crime is a valid race-neutral reason. Powell v. State, 548 So.2d 590 (Ala.Cr.App.1988), aff'd, 548 So.2d 605 (Ala.1989). The fact that a juror knew the victim is a valid race-neutral reason. Thomas v. State, 520 So.2d 223 (Ala.Cr.App.1987). The reasons...
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...fact that a family member of the prospective juror has been prosecuted for a crime is a valid race-neutral reason.’ Yelder v. State, 596 So.2d 596, 598 (Ala. Crim. App. 1991). ‘[A] veniremember's connection with or involvement in criminal activity may serve as a race-neutral reason for stri......
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...that a family member of the prospective juror has been prosecuted for a crime is a valid race-neutral reason.’ Yelder v. State, 596 So. 2d 596, 598 (Ala. Crim. App. 1991). ‘[A] veniremember's connection with or involvement in criminal activity may serve as a race-neutral reason for striking......
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Smith v. State
...that a family member of the prospective juror has been prosecuted for a crime is a valid race-neutral reason." See Yelder v. State, 596 So.2d 596, 598 (Ala.Crim.App.1991). Striking a juror who has a prior conviction is a race-neutral reason. See Jackson v. State, 549 So.2d 616 (Ala.Crim.App......
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Smith v. State, No. CR-97-1258 (Ala. Crim. App. 1/16/2009)
...that a family member of the prospective juror has been prosecuted for a crime is a valid race-neutral reason." See Yelder v. State, 596 So. 2d 596, 598 (Ala.Crim.App. 1991). Striking a juror who has a prior conviction is a race-neutral reason. See Jackson v. State, 549 So. 2d 616 (Ala.Crim.......