Alabama Court of Criminal Appeals, 1990

Harrell v. State

Harrell v. State
Alabama Court of Criminal Appeals · Decided April 27, 1990 · Bowen
571 So. 2d 1269; 1990 Ala. Crim. App. LEXIS 282; 1990 WL 93255 (Southern Reporter, Second Series)

Harrell v. State

Opinion of the Court

*1270ON RETURN TO REMAND

BOWEN, Judge.

This Court remanded this cause to the circuit court for application of the principles of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), as interpreted by Ex parte Branch, 526 So.2d 609 (Ala. 1987). After an evidentiary hearing, the trial judge found that β€œthe prosecutor has failed to provide the Court with facially race neutral reasons for its peremptory challenges which are credible under the law.”

Therefore, the judgment of conviction is reversed and this cause is remanded to the circuit court for further proceedings.

REVERSED AND REMANDED.

All Judges concur.

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