People v. Hart

Full title: PEOPLE v HART (AFTER REMAND)

Court: Michigan Court of Appeals

Date published: Mar 4, 1988

427 N.W.2d 557 (Mich. Ct. App. 1988)

427 N.W.2d 557

Opinion

Docket No. 86747.

Decided March 4, 1988.

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William F. Delhey, Prosecuting Attorney, and Marilyn A. Eisenbraun, Assistant Prosecuting Attorney, for the people.

Douglas R. Mulkoff, for defendant on appeal.

Before: SAWYER, P.J., and McDONALD and H.J. SZYMANSKI,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

AFTER REMAND

PER CURIAM.

In our previous opinion in this case, reported at 161 Mich. App. 630; 411 N.W.2d 803 (1987), we remanded the case to the trial court, directing it to apply the standard of Batson v Kentucky, 476 U.S. 79; 106 S Ct 1712; 90 L Ed 2d 69 (1986), to defendant's equal protection claim regarding the alleged intentional exclusion of black veniremen by the prosecution.

On remand and following a hearing on the issue, the trial court ruled that defendant failed to make out a prima facie case of discrimination as required by Batson, supra. We find sufficient record support for the trial court's findings and, therefore, find no abuse of discretion.

Affirmed.