From Casetext: Smarter Legal Research

Harrell v. State

Court of Criminal Appeals of Alabama
Jun 29, 1990
571 So. 2d 1269 (Ala. Crim. App. 1990)

Opinion

1 Div. 779.

April 27, 1990. Rehearing Denied June 29, 1990.

Appeal from Mobile Circuit Court.

Barbara A. Brown, Mobile, for appellant.

Don Siegelman, Atty. Gen., and Joseph G.L. Marston III, Asst. Atty. Gen., for appellee.


ON RETURN TO REMAND


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 "the 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.


Summaries of

Harrell v. State

Court of Criminal Appeals of Alabama
Jun 29, 1990
571 So. 2d 1269 (Ala. Crim. App. 1990)
Case details for

Harrell v. State

Case Details

Full title:Joe Louis HARRELL v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Jun 29, 1990

Citations

571 So. 2d 1269 (Ala. Crim. App. 1990)

Citing Cases

Madison v. Comm'r, Alabama Dep't of Corr.

See also Hill, 643 F.3d at 840 (“[t]he fact that the defendants are the same race as the struck jurors ...…

Madison v. Comm'r, Ala. Dep't of Corr.

See Jones v. Davis, 906 F.2d 552, 554–55 (11th Cir.1990) (per curiam). See Jessie v. State, 659 So.2d 167…