672 So. 2d 808 | Ala. Crim. App. | 1994
This cause was remanded with instructions to the trial court to determine whether the prosecutor's reason for striking juror number 48 was race-neutral, pursuant to the Alabama Supreme Court's decision in Ex parte Jackson,
Thereafter, an assistant district attorney who had participated in the voir dire examination of the veniremembers during the trial testified that he had taken notes while this particular veniremember was being examined by the trial court and the prosecution. He testified that his notes indicated that the veniremember had stated that he did not wish to sit on a capital murder case and that he would have a problem in recommending the death sentence. He testified that this potential juror's personal problems with the death penalty was the reason for striking him. The assistant district attorney further testified that before voir dire examination the district attorney's office did "extensive research" into the background of the potential jurors. The witness testified that he did not have any independent recollection of what the background research uncovered as to this particular potential juror, but after referring to the court file, he stated that the district attorney's office had discovered a tax lien filed by the State of Alabama against this potential juror for willful failure to pay taxes. Thereafter, the trial court found that the State's reasons for striking this potential juror were race-neutral; that the reasons stated by the State were "clear, specific, and legitimate reasons," Ex parte Branch,
Because the reasons articulated by the State for striking potential juror number 48 were race-neutral, the trial court properly denied the appellant's Batson v. Kentucky,
AFFIRMED.
All Judges concur. *810