Riggs v. State

Feb 23, 1990
No. 89-433
Versions:558 So. 2d 981
1990 WL 35012
1990 Ala. LEXIS 102

Lead Opinion

ALMON, Justice.

WRIT DENIED.

HORNSBY, C.J., and MADDOX, JONES, SHORES, HOUSTON, STEAGALL and KENNEDY, JJ., concur. ADAMS, J., concurs specially.



Concurrence Opinion

ADAMS, Justice

(concurring specially).

I concur specially in denying this petition for writ of certiorari, because the defense in a Batson-type case should at least attempt to make a record showing that the so-called race-neutral reasons given by the prosecution are a mere sham or a pretext to disguise true racial discrimination. In my opinion, the defense in the ordinary ease should attempt to build a record along these lines. The defense here did not do so, and for that reason, I do not believe a Batson violation has been made out. In Ex parte Branch, 526 So.2d 609 (Ala.1987), we set forth in detail what the defense could do to discredit the prosecution’s so-called race-neutral reasons given for striking a venire member. We intended our discussion to be fairly exhaustive, and the defense in this case did not follow these suggestions.