Opinion
No. 125101.
June 3, 2004.
SC: 125101, COA: 225865, Wayne CC: 99-002073.
On order of the Court, the application for leave to appeal the October 7, 2003 judgment of the Court of Appeals is considered, and it is GRANTED, limited to the issues whether (1) the prosecutor's race-neutral reasons for dismissing jurors No. 2 and 9 were sufficient to avoid a finding of purposeful discrimination in the exercise of peremptory challenges; (2) the trial court correctly found that jury selection did not violate Batson v. Kentucky, 476 U.S. 79; 106 S.Ct. 1712; 90 L.Ed.2d 69 (1985), because "the same number if not more" unchallenged African-American jurors remained on the jury that heard the case; and (3) the trial judge correctly continued the trial with the existing jury panel after she expressed dissatisfaction with the prosecutor's "race neutral" reasons for excusing two African-American jurors who could not be recalled.
We ORDER the Wayne Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in this Court.
We further ORDER that this case be argued and submitted to the Court together with the case of People v. Knight (Docket No. 124996), at such future session of the Court as both cases are ready for submission.