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539 So. 2d 321

Penn v. State

Court of Criminal Appeals of Alabama · decided 1987-04-14

Cited by 2 later decisions — most recently April 1990

2 state decisions

Relies on 516 So. 2d 768 - Ex Parte Jackson · Ex Parte Penn

Good law ✅— No negative treatment on recordhow we know

Decided 1987-04-14

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¶1

ON REMAND FROM ALABAMA SUPREME COURT

¶2In accordance with the Alabama Supreme Court's decision inEx parte Penn, 539 So.2d 319 (Ala. 1987), this cause is remanded to the trial court on the authority of Ex parteJackson, 516 So.2d 768 (Ala. 1986), in order for the trial court to determine whether these facts present a prima facie case of purposeful discrimination. If the trial court so determines and the prosecutor is unable to come forward with race-neutral explanations for its strikes, then the appellant is entitled to a new trial.

¶3REMANDED WITH INSTRUCTIONS.

¶4All Judges concur.

¶5

ON RETURN TO REMAND

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