Supreme Court of Alabama, 1989

Ex Parte State of Alabama

Ex Parte State of Alabama
Supreme Court of Alabama · Decided March 3, 1989 · Maddox, Hornsby, Jones, Almon, Adams, Kennedy, Shores, Houston, Steagall
555 So. 2d 195; 1989 Ala. LEXIS 109; 1989 WL 36130 (Southern Reporter, Second Series)

Ex Parte State of Alabama

Opinion of the Court

MADDOX, Justice.

WRIT QUASHED AS IMPROVIDENTLY GRANTED.

HORNSBY, C.J., and JONES, ALMON, ADAMS and KENNEDY, JJ., concur. SHORES, HOUSTON and STEAGALL, JJ., dissent.

Dissenting Opinion

HOUSTON, Justice

(dissenting).

There were four blacks on the venire. The State had eleven strikes. The State struck three of the four blacks. It struck a black with its fifth, sixth, and tenth strikes. The State provided race-neutral reasons for each of these strikes. I question whether a prima facie case of racially discriminatory peremptory striking was made so as to shift the burden to the State to prove race-neutral reasons for each of its strikes of black jurors, see Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); but, clearly, if it was made, then the State met the requirements of Batson in explaining its reason for each strike. Ex parte Shelton, 521 So.2d 1038 (Ala. 1988).

I would reverse and remand.

SHORES and STEAGALL, JJ., concur.

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