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207 Ga. App. 482

428 S.E.2d 578

93 FultonCountyD.Rep. 626

Coker v. State

Court of Appeals of Georgia

Decided February 9, 1993

Court of Appeals of Georgia · decided 1993-02-09

Cited by 9 later decisions — most recently July 2009

9 state decisions

Relies on Gamble v. State · Tharpe v. State · Hightower v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-09

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Beasley, Judge,

¶1concurring specially.

¶2I concur fully in Divisions 2 through 5.

¶3In concur in Division 1 insofar as the court holds that the trial court’s determination as to the State’s strikes is not clearly erroneous. Tharpe v. State, 262 Ga. 110, 112 (416 SE2d 78) (1992), citing Hightower v. State, 259 Ga. 770, 773 (11) (386 SE2d 509) (1989); Gamble v. State, 257 Ga. 325, 327 (5) (357 SE2d 792) (1987). According to statements of counsel and the court at the hearings, eight of the *485nineteen black members of the venire were peremptorily stricken by the State. Seven were female. As to each one, the State gave its explanation, the defendant responded, and the trial court ruled that the reasons given were racially neutral and thus legitimate.

Decided February 9, 1993Reconsideration denied February 24, 1993C. Jackson Burch, for appellant.Spencer Lawton, Jr., District Attorney, Elise B. Gray, Assistant District Attorney, for appellee.

¶4The values to be served by assuring a racially-neutral jury selection process are threefold: “To protect individual defendants from discrimination,” to protect the “ ‘dignity of persons,’ ” i.e., prospective jurors, and to protect the “ ‘integrity of the courts.’ ” Georgia v. McCollum, 505 U. S. _ (112 SC 2348, 120 LE2d 33, 44) (1992). The test on appeal is whether the court’s ruling was clearly erroneous. Having reviewed the reasons articulated by the State, I cannot conclude that the trial court clearly erred.

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