Demetrius Avery Jackson, Jr. v. State of Alabama., 2010 WL 5130867

Appellant Demetrius Avery Jackson, Jr. was convicted of capital murder for killing Officer Mary Smith while on duty.
He was also convicted of attempted murder for shooting Officer Eric Burpo.
The jury recommended life imprisonment without parole for capital murder by a 10–2 vote.
The trial court sentenced Jackson to death for capital murder and life for attempted murder.
On appeal, the court must address Batson-related claims; the record is insufficient to resolve them without remand.
Court remands to conduct a Batson hearing and to make written factual findings; if race-neutral reasons cannot be provided, Jackson may obtain a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Batson challenge and remand	Jackson asserts racial discrimination in peremptory strikes.	State argues no trial objection; relies on plain error and need for record.	Remanded for Batson hearing with written findings.

Batson v. Kentucky, 476 U.S. 79 (1986) (peremptory challenges cannot be used to exclude jurors on the basis of race)
Ex parte Taylor, 666 So.2d 73 (Ala. 1995) (plain error standard for capital cases)
Ex parte Trawick, 698 So.2d 162 (Ala. 1997) (limits on reviewing Batson claims when not timely raised)
Powers v. Ohio, 499 U.S. 400 (1991) (extends Batson to defendants of all races)
Georgia v. McCollum, 505 U.S. 42 (1992) (Batson protections extend to defense counsel)
White Consolidated Indus., Inc. v. American Liberty Ins. Co., 617 So.2d 657 (Ala. 1993) (Batson protections apply to striking white jurors)
Ex parte Branch, 526 So.2d 609 (Ala. 1987) (discusses Batson framework in Alabama context)
Lewis v. State, 24 So.3d 480 (Ala. Crim. App. 2006) (remand appropriate where trial record inadequate)