Alabama Court of Criminal Appeals, 1993

Evans v. State

Evans v. State
Alabama Court of Criminal Appeals · Decided April 16, 1993 · Patterson, Taylor, McMillan, Bowen, Montiel
655 So. 2d 48; 1993 Ala. Crim. App. LEXIS 304; 1993 WL 219825 (Southern Reporter, Second Series)

Evans v. State

Opinion of the Court

PATTERSON, Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

TAYLOR and McMILLAN, JJ., concur. BOWEN, J., concurs in result only. MONTIEL, J., dissents with opinion.

Dissenting Opinion

MONTIEL, Judge,

dissenting.

I dissent from the majority’s holding in Part III of the court’s memorandum that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1976), does not extend to gender-based strikes. I adhere to my dissent as expressed in Bankhead v. State, 625 So.2d 1141 (Ala.Crim.App. 1992).

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