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eBook details

• Title: Charles Edward Owens v. State
• Author : Court of Criminal Appeals of Alabama
• Release Date : January 14, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

PATTERSON, JUDGE Pursuant to the authority of Ex parte Owens, [Ms. 85-1008, March 27, 1987] So.2d (Ala. 1987), we remand this case to the trial court with instructions that if the court determines that the facts establish a prima facie showing of purposeful discrimination under Batson v. Kentucky, 476 U.S. , 106 S.Ct. 1712 (1986), the court must give the prosecutor the opportunity to come forward with race-neutral explanations for his use of the peremptory strikes used to strike members of appellant's race. If the prosecutor is unable to do so, then appellant is entitled to a new trial. See Ex parte Jackson, [Ms. 84-1112, December 19, 1986] So.2d (Ala. 1986); Acres v. State, [Ms. 3 Div. 843, February 10, 1987] So.2d (Ala.Cr.App. 1987). Upon Disposition, the court shall make written findings of fact on this issue and make due return to this court.

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