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568 So. 2d 395

Van Scoy v. State

Court of Criminal Appeals of Alabama · decided 1990-04-12

Cited by 16 later decisions — most recently October 2009

16 state decisions

Relies on Ex Parte Branch · 539 So. 2d 1074 - Ex Parte State

Good law ✅— No negative treatment on recordhow we know

Decided 1990-04-12

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¶1ON RETURN TO REMAND

McMillan, judge.

¶2This cause was remanded to the trial court for a hearing in accordance with Ex parte Branch, 526 So.2d 609 (Ala.1987). The trial court has returned its findings of-fact, it concluded that the district attorney did not present racially neutral explanations for its strikes against black members of the venire in accordance with Ex parte Branch, supra.Therefore, the trial court has granted a mistrial. As the trial court was in the best position to make this determination, and no error in judgment is apparent on the face of the record, this appeal is dismissed. See Scales v. State, 539 So.2d 1074 (Ala.1988).

¶3OPINION EXTENDED; APPEAL DISMISSED.

All Judges concur.
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